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(영문) 의정부지방법원 2015.05.20 2014노2223
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 (two years of imprisonment, three years of suspended sentence, two years of probation, and one hundred and sixty hours of community service order) is too uneased and unreasonable.

2. The crime of this case was committed by the defendant with metal sponsers, steel agents, golf, etc. with a dangerous object up to about 50 cm in length, and thereby, the defendant was physically punished in that the defendant was assaulted by the victim who was not older than 11 at the time of committing the crime, and as long as it is obvious that the defendant committed the crime of this case for the purpose of instructing the victim, it goes beyond the scope of legitimate decoration, it shall not be considered in light of favorable circumstances.

However, considering the fact that the defendant has a depth of his mistake, the victim wants to live together with the defendant, the victim's leakage and neighbors wanting to live together with the defendant, the health condition of the defendant, the defendant's health is not good, the victim who is a child is unable to receive the economic support of the defendant when the defendant is detained, and the defendant seems to have done his best to look at the victim on behalf of the defendant. Since 198, there is no criminal punishment after 198, there is no record of criminal punishment, and all the sentencing conditions in the records and arguments of this case, such as the defendant's age, environment, occupation, family relation, economic situation, criminal history, criminal motive, act and consequence, etc., as well as all the sentencing conditions in the records and arguments of this case such as the defendant's age, environment, occupation, economic situation, criminal history, criminal history, criminal history, and the circumstances after the crime, it is not determined that the sentence against the defendant is unfair.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

(b).

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