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(영문) 서울동부지방법원 2016.10.13 2016노613
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's punishment (two years of imprisonment for a period of ten-month suspension, two years of probation, and one hundred and twenty hours of social service) is too unhued and unreasonable;

2. In light of the judgment, the degree of damage in the instant case is not less severe, and the Defendant was punished several times for violent crimes, and in particular, on July 17, 2014, the Seoul Eastern District Court sentenced the suspension of execution for six months of imprisonment with prison labor for obstruction of performance of official duties, etc., and was sentenced to a suspended sentence of one year, etc. on the part of the Seoul East Eastern District Court, there is a high possibility of criticism against the Defendant

However, in light of the fact that the defendant agreed smoothly with the victim at the stage of investigation, it cannot be deemed that the defendant intentionally attempted to excess the period of suspension of the above previous conviction during the oral proceedings of the court below (a modification of the indictment with the content of changing the name of the crime and the facts charged through the pleadings of the defendant), and that the defendant divided his mistake, etc., the sentence of the court below ordering a community service order corresponding to the nature of the crime is too unjustifiable, and thus, it cannot be deemed that the sentence of the court below ordering the correction of the punishment is too unjustifiable.

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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