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(영문) 인천지방법원 2014.12.12 2014노3592
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (two months of imprisonment, two years of suspended execution, and forty hours of community service) is too unhued and unreasonable.

2. Although the nature of the crime in this case was not good in light of the circumstances leading to the crime in this case revealed in the records and arguments, the circumstances leading to the crime in this case, the method of the crime, etc., on the other hand, there is no evidence of conviction exceeding the fine, among the two victims, the victim F was smoothly agreed with the victim, and other various sentencing conditions in the records and arguments, such as the defendant’s age, happiness, family environment, and the circumstances before and after the crime, etc., the sentence against the defendant is too uneasible and unreasonable.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, in the application of the text of the judgment of the court below, '1. Concurrent Crimes': It is apparent that Article 37 (1) 2 and Article 50 of the Criminal Code has been omitted due to mistake, and therefore, it is corrected to add it ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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