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(영문) 창원지방법원 2014.04.03 2013노1311
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (for defendant A, one year and six months of imprisonment, three years of suspended execution, three years of probation and social service, 120 hours of imprisonment, two years of suspended execution, three years of probation and social service, 120 hours of probation and social service) of the lower court is too unfasible and unfair;

2. Each of the instant crimes committed by the Defendants with dangerous or joint use of dangerous articles, and that the Defendants were subject to punishment several times due to the same type of crime [the Defendants A five times of imprisonment (one time of imprisonment, four times of fine), Defendant B twice of imprisonment (one time of suspended execution of imprisonment and one time of fine)], etc. are disadvantageous to the Defendants.

However, in the course of the dispute between Defendant A and the victim H, the above victim used violence in response to the above Defendant’s face once, and Defendant B also took into account the motive and circumstance that the victim was involved in the above two persons’ fighting, the degree of injury to the victims is not very severe, and the victim H does not want the punishment of the Defendants. Each of the crimes of this case must take into account the case of concurrent crimes between the first head of the crime in which the judgment became final and conclusive and the latter part of Article 37 of the Criminal Act, and the fact that the defendants reflect their mistakes, etc. as favorable to the Defendants. In full view of all other circumstances such as the Defendants’ age, character, environment, circumstances, means and method of the crime, and the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

Therefore, prosecutor's assertion is not accepted.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground that it is without merit. It is so decided as per Disposition.

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