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(영문) 대구지방법원 2014.05.09 2013노3879
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment, three years of suspended execution, probation, 80 hours of social service, and 40 hours of alcohol treatment) is too unfluened and unreasonable;

2. In full view of all the sentencing factors indicated in the arguments of this case, including the defendant's character and behavior, environment, background of the crime of this case, and circumstance after the crime, etc., the court below's punishment is too unjustifiable and it is not recognized that the defendant committed each of the crimes of this case without being aware of it even though the defendant was under the suspension of execution due to the same kind of crime, or that the defendant committed each of the crimes of this case without being aware of it, or that the victim of the remaining cases except the obstruction of performance of official duties by recognizing the error by substitution, and that the defendant seems to have committed each of the crimes of this case by drinking, and that it appears that the defendant committed each of the crimes of this case by detention for about four months in the case of this case, and that there is no reason to believe that

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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