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(영문) 전주지방법원 2016.12.02 2016노1389

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court (e.g., six months of imprisonment; one year of suspended sentence; one year of confiscation; six months of imprisonment with prison labor; one year of suspended sentence) is too uneased and unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendants on the following grounds: (a) during the Defendants’ dispute, Defendant A suffered an injury to Defendant B’s left side and left arms, one time, each, on the part of Defendant B, which is a dangerous thing first; and (b) Defendant B suffered an injury to Defendant A’s right side line once by reducing the above excessive amount; and (c) Defendant B suffered an injury to Defendant A’s right side line on the number of treatment days; and (d) the nature of the crime is not weak.

On the other hand, Defendant A recognized the instant crime and against the mistake, the Defendants had no record of criminal punishment or a fine heavier than that of the same crime before, and the Defendants appears to have caused the instant crime by drinking and contingently, and the fact that the Defendants agreed with each other in the lower court is favorable to the Defendants.

In full view of the aforementioned circumstances and other circumstances, the lower court’s punishment is too uneasible and unreasonable, taking account of the following circumstances, the Defendants’ age, character and conduct, and environment, and the various sentencing conditions indicated in the instant records and arguments. Therefore, the Prosecutor’s assertion is without merit.

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