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(영문) 광주지방법원 2014.12.11 2014노1349
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's sentence of imprisonment (six-month suspended sentence) is too unhued and unreasonable;

2. The crime of this case was committed with a deadly weapon, and the crime was committed in bad condition.

However, in light of the favorable circumstances such as the defendant's erroneous judgment and the defendant's age, character and behavior, environment, background and result of the crime of this case, and the circumstances after the crime of this case, it is recognized that the court below's punishment is too unjustifiable and unfair, since the defendant was punished for a violation of the Punishment of Violences, etc. Act in 2003, there is no record of punishment more than a suspended sentence, and there is no record of being punished for the same crime of this case, the victim agreed with the victim, and the victim committed violence before and after the crime of this case, etc., which may be partially considered in the circumstances leading to the crime of this case.

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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