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(영문) 전주지방법원 2015.01.30 2014노1378

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (three years of suspended execution and eight hours of social service in one year and six months of imprisonment) against the accused in the summary of the grounds for appeal is too unfasible and unfair.

2. The crime of this case is deemed to have been committed by the victim E because the defendant was suffering from dangerous things by gathering beer disease, etc., and the crime of this case is committed jointly with other persons, and the nature and circumstances of the crime are not good. The defendant has been punished twice due to violent crimes, and the defendant committed the crime of this case without being aware of it during the suspended execution period due to the crime of concealment of the crime. The defendant was absent at the date of the judgment of the court below in order to avoid punishment for the crime of carrying dangerous weapons and injury committed during the suspended execution period of the crime, and the conditions after the crime are not good, and the defendant does not reach an agreement with the Council of the victims of joint assault. However, considering the fact that the defendant does not have to be punished for the crime of this case, all of the crimes of this case including deadly weapons and injury committed by the defendant at the time of the trial, and that it appears that the defendant has an opportunity to jointly commit the crime of this case, such as physical harm and injury to his own health, and that it appears that the defendant would be less likely to be jointly punished for the victim and the victim.