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(영문) 수원지방법원 2013.10.31 2013노1457
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) the sentence of the lower court (one year and six months of suspended execution of imprisonment) is too unfilled and unfair; and (b) the prosecutor omitted the sentence even though he/she was sentenced to confiscation.

2. The crimes of this case committed by the Defendant on the grounds that the Defendant committed the crime of this case against his spouse and the victims who are his father and wife during the dispute caused by his mistake, thereby causing the victim, who is his spouse, to have a high degree of danger, such as the knives length up to 20 cm, thereby causing four knife injury to the victim, which is his spouse, and threatening the victim, who is his father and wife, to “be dead.” It is not easy that the case is less

In particular, the spouse of the defendant, who is the victim of the crime of bodily injury, has caused the defect that the defendant tried to write his/her ship with the upper knife knife knife on his/her ship.

However, in full view of all the circumstances such as the fact that the defendant recognized his mistake and reflects it, the fact that the defendant was an contingent crime, the fact that the defendant's will have been agreed with the victims, the fact that the defendant's will have the defendant's wife, the fact that only the defendant was punished by a fine, the fact that the defendant was detained, and the fact that the defendant was detained for about 70 days until he was released by the judgment below, and other circumstances that form the conditions for sentencing as shown in the records, such as the course and contents of the crime in this case, the defendant's age, character and behavior, family relationship, environment, occupation, etc., it is not

Meanwhile, although the judgment of the court below did not sentence the confiscation of the above knife, which was provided for the crime, it is difficult to say that the confiscation pursuant to Article 48(1) of the Criminal Act is voluntary, and that the court below's measure that did not sentence the confiscation of the above knife, which was merely the main knife, was unfair

Therefore, it is difficult to accept the prosecutor's above assertion.

3. If so, the prosecutor's appeal is without merit, and Article 364 (4) of the Criminal Procedure Act is not reasonable.

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