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(영문) 수원지방법원 2018.03.30 2017노6241

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment) is too unhued and unreasonable.

2. Determination of the instant crime is an unfavorable circumstance to the Defendant, in light of the background and method of the instant crime and there is no circumstance that the damage was recovered due to the instant crime.

On the other hand, the fact that E does not want to punish the defendant among the victims is favorable to the defendant.

In light of the above circumstances and the Defendant’s age, sexual conduct, environment, and circumstances before and after the commission of the instant crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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