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(영문) 대전지방법원 2015.04.23 2014노2675

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, and two years of suspended execution) is too uneased and unreasonable.

2. The crime of this case is an unfavorable circumstance where the Defendant, in relation to the construction cost, inflicted an injury on the victim by breaking the construction material, which is a dangerous object, and the liability for the crime is not provided against the victim, and the degree of injury suffered by the victim is serious.

However, the court below is a first offender who has no record of criminal punishment, and the defendant is divided into and reflects the fact that the victim does not want the punishment of the defendant in accordance with the agreement with the victim at the court below. The scope of the recommended sentence for the crime of this case according to the sentencing guidelines enacted by the Supreme Court's Sentencing Committee is from January to June, 1 to February, 2, the group of violent crimes, special injury Type 1, special person under special injury type 1, special person under appearance (non-influence of punishment), decision of the recommended area, the scope of the recommended sentence (one to June, 2), the scope of the recommended sentence (one year to June, 6), and the major pride and pride that can be suspended: The defendant's age, character and behavior, environment, motive, means and result of the crime, etc., are not recognized to be unfair because the sentence of the court below is too unfford.

3. The appeal filed by the prosecutor with the conclusion is groundless, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.