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(영문) 부산지방법원 2015.09.10 2015노2150

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (two years of imprisonment, three years of suspended execution) is too unfunied and unreasonable.

2. The defendant's act of carrying the chest of the knife with a knife is not suitable in light of the other party, means and method of the injury, and the degree and degree of the upper part of the injury.

However, in full view of the following factors: (a) the Defendant led to the instant crime; (b) the injured victim recovered the present health; (c) the Defendant and his family members want not to be punished; (d) the Defendant sought the Defendant’s preference against the Defendant; (c) the Defendant supported his children; (d) the Defendant fully paid the repair cost in the case of the crime of damaging public goods; (e) the Defendant has no specific criminal record, other than the previous conviction of the fine; (c) the Defendant’s age, character and conduct, intelligence and environment; (d) relationship with the victim; (e) the motive, means and consequence of the instant crime; and (e) the circumstances after the crime, etc., the lower court’

Therefore, prosecutor's assertion is without merit.

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.