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(영문) 서울북부지방법원 2015.12.11 2015노1493
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 imprisonment (two years of imprisonment, three years of suspended execution, one year of probation, one year of confiscation) is too unfunied and unreasonable.

2. We agree with the prosecutor's argument that the defendant's criminal act should be followed because the defendant's serious liability is scarcity, but on the other hand, the defendant was in a state of interest in the victim's spouse's entry into entertainment establishments and outpatients, the victim expressed his intention not to be punished from the court below, the defendant did not have any history of punishment more than imprisonment without prison labor in the past, and other various sentencing conditions shown in the arguments such as the defendant's age, character and behavior, family environment, etc. do not determine that the sentence of the court below is too unreasonable.

Therefore, the prosecutor's assertion is not accepted.

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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