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(영문) 창원지방법원 2013.11.21 2013노1732
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The determination is based on the following facts: (a) the Defendant recognized the instant crime and reflects the mistake; (b) the victim did not wish to punish the Defendant; and (c) the degree of injury of the victim is minor.

However, in 2010, the Defendant was punished for a crime of intimidationing a female with a deadly weapon. The instant crime appears to have been committed on the road by finding out the young female victim getting out of the bus, following the Defendant boarding the bus, purchasing a knife, which is a deadly weapon, and then consecutively getting out of the bus, and the victim, who is going out of the bus continuously getting out of the bus, has been forced to go out of the bus to its own vehicle by threatening the victim with a knife. As such, the crime itself appears to have a planned form, as well as the possibility of criticism against the motive. The Defendant could have been found to have been more dangerous results if the victim would not have escaped after his knife the Defendant’s knife, and then the Defendant got out of the bus, and the Defendant got out of the bus, and then purchased the knife, which is a deadly weapon, the lower court sentenced the Defendant’s punishment by taking into account the following circumstances: the Defendant’s motive and the lower sentence of the crime.

3. In conclusion, the appeal of this case by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since it is without merit.

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