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(영문) 부산지방법원 2014.12.23 2014노2682
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The judgment of the court below is reasonable in light of the following factors: (a) the Defendant was detained for about two months in the instant case and the Defendant had an opportunity to reflect; (b) the Defendant did not have any criminal record of imprisonment without prison labor or any other criminal record; (c) there is no change of circumstances that can be considered in sentencing after the sentence of the court below; and (d) there is no other change of circumstances that can be considered in sentencing after the sentence of the court below; and (e) there are various circumstances, including the motive and circumstances leading up to the instant crime; (e) the Defendant’s age; and (e) the Defendant did not receive a letter of suspicion from the victims; (e) the Defendant was detained for about two months in the instant case; and (e) the Defendant did not have any criminal record of imprisonment without prison labor or any other criminal record; and (e) the Defendant did not have any other criminal record, and (e) the Defendant did not have any other conditions that are conditions for sentencing specified in the instant case.

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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