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(영문) 대전지방법원 2015.04.23 2014노2927
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 one year and six months, and three years of suspended execution) of the lower court against the Defendant is deemed to be too uneasible and unfair.

2. The judgment does not good quality of the crime of this case, such as shesheshesheshesheshesheshes a victim containing water. However, the defendant has no record of criminal punishment except for juvenile protective disposition several times, the defendant sought a preference against the defendant, the defendant's age, character, environment, motive, means and consequence of the crime of this case, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive and consequence of the crime of this case, circumstances before and after the crime, etc., and the range of recommended sentences according to the sentencing guidelines of the Supreme Court Sentencing Committee: violent crime group, I (Special Injury), I (Special Mitigation). The scope of recommending sentence: Imprisonment for 1 year to 26 months (specific mitigation area): The victim group, 1 year to 1,100, 1 year to 26 years (special injury): the defendant sought a preference against the defendant; the defendant's victim and his mother of the victim appears to be against the depth of the defendant's wrong punishment; the defendant's final sentencing range of imprisonment for one year to 2 years or more.

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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