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(영문) 수원지방법원 2015.07.09 2014노6974

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (one year and six months of imprisonment, two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The judgment of this case is a case where the defendant inflicted an injury upon the victim C with an alkin aluminium hand, which is a dangerous thing, and it is true that the defendant's liability for the crime in light of the risks inherent in the crime of this case is not easy.

However, in full view of the fact that the Defendant appears to have committed the instant crime in the same place as the victim, which appears to have committed the instant crime in the same way as the victim, there is no record of criminal punishment for the last five years, and deposit KRW 500,000 to recover the victim's damage during the trial of the lower court, the victim's standing is relatively minor, and all the sentencing conditions in the instant pleadings, including the Defendant's age, character and behavior, environment, family relationship, circumstances after the crime, etc., the lower court's punishment is deemed to be too uneasible and unreasonable, and thus, the prosecutor's above assertion is rejected.

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

[However, in the application of the law of the court below, the "Act on the Punishment of Violences, etc." is obvious that it is a clerical error in the "former Punishment of Violences, etc. Act (wholly amended by Act No. 12896, Dec. 30, 2014)", and thus, it shall be corrected ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure.