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(영문) 수원지방법원 2015.04.24 2014노4239
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of two years, the suspension of the execution of three years, the probation, and the community service of 200 hours) of the lower court is deemed to be too unhued and unreasonable;

2. In this case, where the kitchen knife with a kitchen the length of which is about 30 centimeters, which is a dangerous thing of the defendant, has inflicted an injury on the victim in need of approximately 6 weeks of medical treatment, the number of crimes is very dangerous, the part and degree of the injury suffered by the victim is serious, and the nature of the crime is very poor;

However, in full view of the following circumstances: (a) the Defendant is recognized as committing the instant crime and is against the Defendant; (b) the victim does not want the Defendant’s punishment by mutual consent with the victim; (c) there was no history of having been punished more than the suspension of qualification for the Defendant; and (d) there was no previous conviction since 2004; and (c) other various circumstances, which form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after

Therefore, the prosecutor's above assertion of unfair sentencing is without merit.

3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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