beta
(영문) 전주지방법원 2013.09.13 2013노541

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to eight months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order) declared by the court below is too uneasy and unreasonable.

2. The judgment of the defendant has a record of being sentenced to a fine several times due to the crime of injury, and the crime of this case is heavier than the nature of the crime and the crime of this case by threatening the victim by spreading the victim beyond the floor and separating the victim's left eye so far as it is difficult to do so, thereby causing serious injury to the victim by cutting off the victim's multi-use knife, which is a deadly weapon, and making the victim knife with knife.

However, in full view of the following circumstances: (a) the Defendant agreed with the victim at the lower court; and (b) the Defendant has made efforts to recover damage, such as depositing money in the name of compensation for the victim; (c) the Defendant recognized the instant crime and seriously reflects his/her mistake; and (d) other circumstances that conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, etc., the Defendant’s sentence imposed by the lower court is too unjustifiable, and thus, the Prosecutor’s assertion

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