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(영문) 대구지방법원 2014.07.25 2014노493
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than one year and six months, two years of suspended execution, and 120 hours of community service) of the lower court is deemed to be too uneasible and unfair.

2. It is recognized that the judgment of the defendant is not good to the nature of the crime, such as when the defendant monds the head of the victim, when the victim was injured, when the victim was injured, and when not agreed with the victim.

However, in full view of the following factors: (a) the Defendant led to the confession of the crime; (b) the Defendant did not have any criminal record for the same crime; and (c) deposited KRW 7 million for the victim; and (d) other factors of sentencing as indicated in the arguments in the instant case, including the Defendant’s age, character and conduct, environment, the background of the crime in this case, and circumstances after the crime, etc., the lower court’s punishment is too uneasible and unreasonable. Thus, 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 as it is without merit. It is so decided as per Disposition.

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