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(영문) 의정부지방법원 2015.12.18 2015노1586
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year and six months of imprisonment, two years of probation, 80 hours of community service order, and 40 hours of alcohol treatment lectures) is too unfluent and unreasonable.

2. In light of the following factors: (a) the determination of the case; (b) the content and method of the instant crime; and (c) the degree of injury; (c) the victims are in a f9-year old relationship; and (d) the victims E have a number of records of punishment due to the same kind of crime; and (c) the circumstances unfavorable to the Defendant are recognized.

However, in light of the following circumstances: (a) the defendant recognized the facts of the crime and reflects his mistake; (b) the victims are not wanting to be punished by the defendant; (c) the victims are expected to participate in the hospital gold program; (d) the victims must faithfully receive medical treatment until now; (e) there is no record of having been punished by imprisonment; (b) there is no record of having been punished by imprisonment; (c) the family members and branch members of the defendant want to be the wife; and (d) the defendant's age, character, character, intelligence and environment specified in the argument of the case; and (e) other circumstances that are conditions for the sentencing of the case, such as the motive and circumstance, means and consequence of the crime of this case; (c) the circumstances after the crime; (d) criminal records; and (e) family relations, etc., the defendant's punishment imposed by the court below is not recognized to be unfair

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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