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(영문) 대구지방법원 2015.01.15 2014노4321

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (one year of imprisonment) is too unreasonable in light of the fact that the defendant is against the defendant, etc.

B. In light of the fact that the nature of the instant crime committed by the prosecutor is not good, the sentence imposed by the lower court is too unfasible and unreasonable.

2. We also examine the argument of the Defendant and the prosecutor.

Considering the fact that the defendant was in a state of mental disability at the time of the crime, even if the victim gave advice to the defendant and took the face of the victim who is a dangerous object on the ground that he is bad, is not good to keep the victim's face in two times as a small-scale disease. As a result, the victim was injured by blood transfusion, etc., and the victim did not appear on the roadway in the upper part of the victim until now. The victim did not agree with the victim even at the trial, and the defendant did not agree with the victim, and the defendant has been sentenced three times to the crime of interference with business, the crime of causing property damage, and the crime of obstruction of performance of official duties.

On the other hand, the Defendant recognized all of the instant crimes against the victim during the trial period, and deposited KRW 10 million against the victim at the court below, deposited additional KRW 5 million against the victim at the court below, and committed the instant crime contingently, etc. are favorable to the Defendant.

In full view of the above circumstances, such as the character, conduct, environment, etc. of the defendant, as seen above, since punishment imposed by the court below against the defendant cannot be deemed to be too weak or unreasonable, the defendant and prosecutor's assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.