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(영문) 전주지방법원 2013.04.26 2013노50
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years of imprisonment, three years of suspended execution, three years of probation) is too unfased and unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. The instant crime of this case regarding the grounds of appeal is subject to strict punishment of Defendant in light of the following: (a) the degree of injury suffered by the victim was limited to the degree of injury suffered by the victim when the victim was injured in need of approximately 14 weeks of medical treatment, which is a dangerous object, and (b) the fact that it was not agreed with the victim until the trial was held.

However, in full view of the following factors: (a) the Defendant was a primary offender; (b) the Defendant was in depth while recognizing his mistake; (c) the Defendant appears to have committed the instant crime by contingently; (d) the Defendant was detained for about two months due to the instant crime; (c) the Defendant was a recipient under the National Basic Living Security Act; (d) the Defendant was a beneficiary of assistance under the National Basic Living Security Act; and (e) the need to look at the Defendant’s heading F of his heading, who is a person with a 2nd degree disability due to severe disorder and speech disorder (Evidence Record 1, 43, and 45 pages); and (e) other factors such as the Defendant’s age, character and behavior, environment, criminal record, circumstances leading the Defendant to the instant crime, means and consequence; and (e) the circumstances before and after the instant crime, etc., the prosecutor’s assertion of unreasonable sentencing is not reasonable 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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