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(영문) 창원지방법원 2014.02.14 2013노1020
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The prosecutor's appeal is dismissed.

The defendant has paid 5,696,000 won to the applicant for compensation.

3.2

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a term of two years, a suspension of execution for a term of four years, a community service order of 200 hours and an order of 40 hours for a term of forty hours) that the court below sentenced the defendant is too uneasible and unreasonable.

2. The judgment is that the defendant inflicts an injury by using drinking water, which is a dangerous thing, the degree of injury suffered by the victim E, and the defendant's liability for the crime is less than that of the defendant when considering the fact that the defendant suffered an injury by the victim E, the defendant, etc.

However, considering the fact that the defendant recognizes the crime of this case, that the defendant is leading to military intervention as the beginning of 20s, and that the defendant has no criminal history, it is reasonable to suspend the execution of imprisonment, such as the sentence of the court below, and to maintain the normal social life of the defendant, rather than punishing the defendant as the sentence of imprisonment.

In addition, considering all the sentencing conditions as shown in the argument of the instant case, such as equity with criminal punishment for other crimes similar to the instant crime, age, family environment, and circumstances before and after the instant crime, it cannot be deemed that the lower court’s punishment has reached an unreasonable level because it is too uneasible.

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 prosecutor’s appeal is without merit, and the application for remedy order by the applicant for compensation filed in the trial is accepted in accordance with Articles 25(1), 31(1), 2, and 31(3) of the Act on Special Cases

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