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(영문) 춘천지방법원 강릉지원 2014.01.07 2013노419

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (for the defendant A, one and half years of imprisonment, two years of suspended execution, and one million won of fine) of the lower court is deemed to be too unfeasible and unfair;

2. Although the Defendants committed each of the instant crimes even though they had been punished by violence, etc., it is disadvantageous to the Defendants to commit each of the instant crimes.

However, in full view of all the sentencing conditions, including the following: (a) the Defendants were not subject to punishment against the other party by mutual agreement; (b) the Defendants were divided into one’s mistake; (c) the degree of injury suffered by the victim in the case of Defendant A is relatively minor; and (d) the beneficiaries of basic living security are suffering from economic difficulties; and (c) Defendant B committed the crime in the course of setting up against the victim who was able to get the head from beer with beer and beeer due to beecker’s disease; and (d) some of the circumstances that may be considered in the course of committing the crime, the sentence imposed by the lower court against the Defendants cannot

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