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(영문) 울산지방법원 2015.12.18 2015노985
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment, three years of suspended execution, three years of probation, and 80 hours of community service order) is too unhued and unreasonable.

2. The crime of this case is an unfavorable condition against the Defendant, inasmuch as the Defendant carried dangerous objects with the intent of retaliation and inflicted an injury on the victim, and the part and degree of the injury are not somewhat weak, and the Defendant did not agree with the victim until the time of the trial.

However, in full view of the fact that the defendant recognizes his own crime, reflects his depth, carries dangerous things in advance, and finds the victim, that the victim was deposited in the court below, that there is no record of punishment exceeding the fine, that there is no record of punishment exceeding the fine, that the defendant is likely to improve character and behavior as a young adult aged 21, that it is expected that the defendant can have the effect of preventing recidivism through probation and community service order for 80 hours, and that other factors such as the defendant's age, character and behavior, family environment, motive and background of the crime, the means and consequence of the crime, and the result of the application of the sentencing guidelines of the Sentencing Commission of the Supreme Court, it is not recognized that the sentence imposed by the court below is too unreasonable.

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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