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(영문) 전주지방법원 2013.07.12 2013노289
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment, three years of suspended execution, and 200 hours of community service order) declared by the court below is too uneasible and unreasonable.

2. The judgment of the defendant has the record of being punished as a crime of the same kind. The crime of this case was committed by the defendant with a portable gas bar that the defendant left the victim's life, and used a serious image that requires a victim's treatment for about six weeks in body, and it is expected that the defendant would have not reached an agreement with the victim, but the defendant did not have any record of punishment exceeding a fine, and there is no record of the defendant's recognition of the crime of this case, and 4.6 million won is paid to the victim under the name of medical treatment, and 3 million won is additionally deposited for the victim at the trial, and other various circumstances, such as the defendant's age, character and conduct, environment, family relationship, etc., which are the conditions for the punishment of this case, the prosecutor's assertion of the above judgment of the court below is not justified because it is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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