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(영문) 수원지방법원 2014.05.22 2013노2996

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, three years of suspended execution, three years of probation, and confiscation) of the lower court is deemed to be too unhued and unreasonable;

2. Although the crime of this case was committed in the form of the defendant's knife with injury and intimidation, there are various unfavorable circumstances, such as the fact that the defendant committed the crime of this case, and that there is no agreement with the victims, the defendant reflects the fact that the defendant committed the crime of this case, the suspension of execution for this previous course of 1995, the fine of violence in 2007, and the fine of this previous course of 2007, there is no particular criminal record except for each sentenced, and the victim D stated at the investigative agency that the defendant was able to knife the knife (40 pages of the investigation record) and stated that the defendant was knife the knife (40 pages of the investigation record). In fact, considering the contents of the crime of this case, the degree of injury of the victim in this case is not much serious, the circumstances after the crime of this case, the age, character, behavior and environment of the defendant, it cannot be deemed that the sentence of the court

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.