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(영문) 창원지방법원 2014.09.03 2014노977
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 (two years of imprisonment, three years of suspended execution, three years of probation, one hundred and twenty hours of community service order, confiscation) is deemed unreasonable.

2. The crime of this case on the grounds of appeal is committed by the defendant on the ground of appeal on the ground that the defendant gets knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k

However, in full view of the following factors: (a) the Defendant recognized all of the instant offenses; (b) the victim did not want the Defendant’s punishment; (c) the Defendant’s recommendation type for the instant offense as a result of the application of the sentencing guidelines by the Sentencing Committee, from 2 years to 4 years of imprisonment (i.e., an aggravated and mitigated element (the occurrence of a serious consequence) and mitigation element (the victim’s non-guilty element)); and (d) the grounds for probation that constitutes a recommendation for sentence are not discovered; and (e) the Defendant’s age, character and conduct, family relationship, circumstances leading to the instant offense and circumstances subsequent to the instant offense, etc., it is difficult to deem that the lower court’s sentence is unreasonable because it is excessively

Therefore, prosecutor's 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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