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(영문) 인천지방법원 2013.12.20 2013노2918

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (public prosecutor) is unreasonable because the sentence imposed by the court below (one year and six months of imprisonment, three years of suspended execution, three years of probation, social service, 320 hours of imprisonment) is too unhued.

2. In light of the Act on the Punishment of the instant Crimes and the part of injury, the nature of the crime is not good, and the defendant has been punished six times through an act of violence, and the part that the defendant did not agree with the victim is disadvantageous to the defendant, but the defendant has led to confession and reflect on the instant crime as a disabled person of Grade III with intellectual disability, and there is no record of punishment heavier than that imposed on the defendant, and there is no record of punishment heavier than that imposed on the defendant for the instant crime, and there are other circumstances to consider the motive of the instant crime, and in full view of all the factors indicated in the records and arguments, such as the defendant's age, character and behavior, environment, background and result of the instant crime, etc., the above allegation of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.