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(영문) 대전지방법원 2015.01.15 2014노1930
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The appeal by the prosecutor is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the original judgment (one year and six months of imprisonment, two years of suspended execution) is too unfased and unfair.

Judgment

The crime of this case is an injury to a person who is requested by the victim to pay the drinking value, or an empty baby, which is a dangerous object, when the head of the victim was faced with an injury, such as brain in need of treatment for two weeks, and the nature of the crime is not good, and the defendant has been punished several times for the same kind of crime, etc., which are disadvantageous to the defendant.

However, it is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake in depth; (b) is hardening to live as a sincere social person in the future; (c) appears to have committed the instant crime contingently in the state of drinking; and (d) the victim and the victim do not want punishment against the Defendant.

The scope of the recommended sentence on the instant crime according to the sentencing guidelines established by the Sentencing Commission is from 1 year and 6 months to 2 months, and both the suspended sentence and the sentence are possible. In full view of the violent crime group, the crime of habitual injury, the crime of habitual injury, the crime of habitual injury, the crime of special bodily injury, the crime of special bodily injury (aggravated injury), the decision of the recommended sentence area (ad hoc sentence area), the scope of the recommended sentence (ad hoc sentence area), the suspended sentence/string (ad June to 2), the suspended sentence/st sentence range (ad hoc sentence area), the Defendant’s age, character and behavior, the environment, the circumstances before and after the instant crime, etc., it is not recognized that the sentence of the court below

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor is without merit.

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