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(영문) 대구지방법원 2016.11.10 2016노1962
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is unfair that the defendant (unfair punishment) is too unreasonable that the punishment of the court below (one year of imprisonment, two years of suspended sentence, confiscation under subparagraph 1 of seized evidence, 160 hours of community service) is too unreasonable.

B. The above sentence of the lower court is deemed to be too uneasible and unfair.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime and reflects his mistake when it comes to the trial; (b) the degree of injury caused by the instant crime does not seem to be serious; and (c) the Defendant has no record of criminal punishment exceeding the fine.

On the other hand, the crime of this case is committed against the victim with excessive injury, and the responsibility for such crime cannot be deemed to be less severe, and the defendant has a record of punishment several times of violent crimes, and the defendant has not reached an agreement with the victim, etc. are disadvantageous to the defendant.

Considering the above circumstances and other circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and method of committing a crime, and circumstances after committing a crime, the lower court’s punishment is deemed appropriate as a punishment within the scope of the discretion of sentencing.

Therefore, the defendant and the prosecutor's argument are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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