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(영문) 인천지방법원 2014.01.10 2013노3057
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds of appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (two years of imprisonment with prison labor, three years of suspended execution, probation, community service, 120 hours) is deemed to be too unhued and unreasonable.

2. The judgment of the court below is based on the following facts: the crime of this case was committed with dangerous things carried by the defendant and inflicted an injury on the victim; the crime of this case was not committed in light of the method of the crime, etc., and the defendant had a record of punishment for the same kind of crime.

However, in full view of the following: (a) the Defendant recognized the instant crime and reflects his mistake; (b) the Defendant expressed his intent that the Defendant does not want the Defendant’s punishment by mutual consent with the victim; (c) the degree of injury of the victim due to the instant crime is not limited; and (d) other various sentencing conditions as shown in the records and arguments, such as the Defendants’ age, family environment, and circumstances before and after the instant crime, the lower court’s sentence against the Defendant is too unreasonable and 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.

(However, the judgment of the court below in Part 2, "1. concurrent crimes: Article 37 (1) 2 and Article 50 of the Criminal Act" in Part 12 of the judgment of the court below is clear that there is a clerical error or other similar error in the written decision, and therefore, it shall be corrected to delete it ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure.

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