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(영문) 광주지방법원 2013.11.15 2013노2012
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment of the court below (two years of imprisonment) is too unreasonable when considering various circumstances, while the prosecutor, in light of the contents of the instant crime and the nature of the crime, is deemed to be too uneasible and unfair.

2. The crime of this case is a case where the defendant inflicts an injury, such as back head of the victim, left shoulder, and bend cage cage, etc., which is a dangerous object ( approximately 89 cm in length, approximately 3.5 cm in diameter) by getting off the victim's back head, left shoulder, and side part of the victim's back, which is about 5 weeks of treatment, and the crime is not good in light of the law of crime and its danger, the degree of the victim's injury, etc., and the defendant left the scene while leaving the scene, and the victim voluntarily reported to 119 cm, and does not completely recover from damage to the trial.

However, in full view of all the sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character and behavior, family environment, etc., the lower court’s punishment is too heavy or unreasonable, and thus, it cannot be deemed that the Defendant’s argument is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s argument are without merit. The Defendant and the prosecutor’s argument are without merit. The Defendants and the prosecutor’s argument are without merit, inasmuch as the Defendant and the prosecutor’s prosecutor’s argument are without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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