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(영문) 인천지방법원 2015.03.20 2014노2162
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

An application filed by an applicant for compensation shall be dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, three years of suspended execution, and two hundred hours of community service) is too unhued and unreasonable.

2. The instant crime of this case regarding the grounds for appeal is deemed to have committed an injury to a shoulderer who is a dangerous object of the Defendant, and the nature of the crime is not good in light of the method or content thereof, and there is a record of criminal punishment for the Defendant several times due to the same crime, and the victim wants to punish the Defendant, but there is no record of criminal punishment exceeding a fine due to the same kind of crime, on the other hand, there is little damage degree, and other various sentencing conditions specified in the records and arguments, including the Defendant’s age, happiness, family environment, and circumstances before and after the crime. In full view of these factors, the lower court’s sentence against the Defendant is too unreasonable.

3. According to the record of judgment on the application for compensation order, it is judged that the application for compensation order of this case by the applicant for compensation is not reasonable in the criminal procedure because the scope of the defendant's liability for compensation is not clear.

4. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act, and the application of the applicant for compensation is dismissed under Article 32 (1) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.

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