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(영문) 울산지방법원 2015.07.31 2015노540

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment, two years of suspended execution, and 80 hours of community service order) of the lower court is too unhued and unreasonable.

2. The crime of this case committed by the Defendant is an unfavorable circumstance against the Defendant, inasmuch as the Defendant gets off the part of the victim’s head one time and inflicted an injury upon the victim requiring treatment for about four weeks, with heavy circumstances, and did not reach an agreement with the victim, etc.

However, in full view of the following factors: (a) the Defendant reflects his mistake in depth; (b) the victim is partly responsible for the occurrence of the instant case; (c) the victim is the victim as the depositer; (d) the victim has made efforts to reach an agreement; (b) the victim has been dead after the sentence of the lower judgment was rendered; (c) the victim has been unable to reach an agreement due to his death; and (d) the Defendant’s age, character and behavior, family environment; (d) the motive and background of the crime; (e) the means and consequence of the crime; and (e) the application of the sentencing guidelines of the Sentencing Committee by the Sentencing Committee, including the circumstances before and after the crime, etc., it is not recognized that

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.