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(영문) 대구지방법원 2016.12.15 2016노2242
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months, suspension of execution for two years, and community service for 120 hours) of the lower court is deemed to be too uneasible and unfair;

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant, for example, that the Defendant has been punished by a fine on two occasions due to the crime of injury, and that the Defendant did not reach an agreement with the victim, and that the liability for the instant crime cannot be deemed to be minor.

On the other hand, the fact that the defendant recognized the crime of this case and reflects his mistake, the degree of the injury of this case (damage to the head part in need of treatment for about one week) does not seem to be large, and the circumstance in which the defendant made efforts to agree with the victim is partly peeped, etc. are favorable to the defendant.

Considering the above circumstances and other circumstances, such as the character and conduct of the defendant, the environment, the motive, means and consequence of the crime of this case, and the circumstances after the crime, the sentence of the court below is deemed appropriate as a punishment within the scope of the discretion of sentencing.

Therefore, prosecutor's assertion is without merit.

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

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