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(영문) 인천지방법원 2013.04.26 2012노3380
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendant (three years of suspended sentence in one year and six months, probation, community service) is deemed to be too uneasible and unreasonable.

2. In light of the method of crime and degree of damage, it is recognized that the crime of this case was committed with injury to the victim, such as multiple diversary loss, in light of the method of crime and degree of damage, and that the strict punishment of the defendant is needed in that the defendant did not agree with the victim until the trial.

However, in light of the following: (a) the Defendant recognized the instant crime and against his mistake; (b) the Defendant’s insultd the Defendant; and (c) the Defendant appears to have committed a contingent crime without participating in the portion under the influence of alcohol at the time; and (c) circumstances exist to consider the process of the instant crime; (b) the Defendant deposited KRW 3 million for the victim’s compensation in addition to the payment of medical expenses; and (c) other factors of sentencing as indicated in the records and arguments, such as the Defendant’s age, family environment, and conditions before and after the instant crime, the Defendant’s punishment against the Defendant is too unjustifiable 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.

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