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(영문) 대구지방법원 2014.04.25 2014노358
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below is too unhued and unfair.

B. The punishment sentenced by the lower court to the Defendant (two years of imprisonment) is too unreasonable.

2. The defendant has been punished four times (one suspended sentence, three times) for violent crimes. The crime of this case is deemed to be highly likely to commit the crime in knife with the victim's chest part, and the risk of the crime of this case seems to be significantly high, and the crime of this case is likely to be damaged by the victim's injury, and the crime of this case is deemed to be serious; the defendant all of the crime of this case is led to confessions and reflects; the defendant appears to have committed the crime of this case by contingency under the influence of alcohol; the defendant has agreed with the victim and repeatedly sought the defendant's wife; the scope of the recommended punishment on the sentencing guidelines of the Supreme Court for the crime of this case (basic crime: type 1, aggravated factor - heavy injury, mitigated factor - mitigated factor - basic area) is 2 to 4 years; the defendant's imprisonment with prison labor and the defendant's motive and behavior cannot be considered to be excessive or unfair, considering the above favorable circumstances and circumstances; the defendant's motive and motive of the crime of this case are all the defendant.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeal by the prosecutor and the defendant are without merit. It is

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