beta
(영문) 서울중앙지방법원 2015.09.10 2015노2648

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of one year and six months, a suspended sentence of two years, a probation period of two years, a community service work time of 160 hours, confiscation) imposed by the court below is deemed to be too uneasy and unreasonable.

2. Although the degree of injury to the grounds of appeal is not somewhat weak, there are unfavorable circumstances such as failure to recover damage. However, in full view of the following: (a) the Defendant was detained for about two months due to each of the instant crimes; and (b) the Defendant shows the appearance of reflectivity in the trial; and (c) other circumstances that form the conditions for the pleadings and the sentencing in the instant case, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime; and (d) circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.