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(영문) 울산지방법원 2011.08.19 2011노726
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해) 등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the overall circumstances of the instant case, including not only risks to the method of the instant crime, but also victims H and G suffered serious bodily injury from cutting ne, etc., the lower court’s sentence against the Defendant (two years of imprisonment, three years of suspended execution, three years of suspended execution, and confiscation) is unreasonable.

2. The crime of this case is a victim G, H, and I, which the defendant tried to inflict harm on the victim F in knife, and did not seem to have any possibility of criticism in the middle of the case. However, it is not recognized that the sentence imposed by the court below is too unjustifiable, considering the following factors: (a) the defendant committed the crime of this case; (b) the defendant's time of and against the crime of this case; (c) the defendant consented to the victim G, H, I and I; (d) the victim F wanted the defendant's wife; (c) the defendant committed the crime of this case by contingency; (d) the defendant was punished by a fine in excess of the fine; and (e) the defendant did not have any history of punishment in excess of the fine; and (e) the defendant's age, character, conduct, and environment.

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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