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(영문) 수원지방법원 2013.09.12 2013노1855
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year and six months of imprisonment, two years of suspended execution, and community service) is deemed to be too uneasy and unreasonable.

2. Determination of the facts that the iron or silver used for the crime of this case is considerably dangerous as a dangerous object to commit the crime, and that the defendant's previous records of punishment for violent crime are not less than those of the defendant is disadvantageous to the defendant.

However, in full view of the fact that the defendant is divided in depth of the crime and reflects on the degree of damage, the defendant seems to have committed the crime of this case in a contingent manner under the influence of alcohol at the time, the fact that the court below deposited money for the victim in the court below, and all other sentencing conditions shown in the records and arguments in this case, the sentence imposed by the court below is too uneasible and unreasonable.

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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