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(영문) 대전지방법원 2015.08.27 2015노675
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, and three years of suspended execution) is too uneased and unreasonable.

2. The crime of this case was committed by a lid from the self-fashion lid, which is a dangerous thing of the Defendant, thereby causing injury to the victim’s head. There was no particular circumstance to see the victim’s mistake, and in light of the degree of injury to the victim and the risk of the attitude of the crime, the liability for the crime is not exceptionally against the victim.

However, there is no record of criminal punishment exceeding a fine, and there is no record of criminal punishment for violent crimes, the defendant does not want the punishment for the defendant, the victim does not want the punishment for the defendant, the defendant committed the crime of this case with the care of his wife's request for divorce, and there are other circumstances to consider such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, and the scope of recommendation according to the sentencing guidelines of the Supreme Court Sentencing Commission as to the crime of this case is from 1 year and 6 months to 1 year and 6 months, and the scope of recommendation according to the sentencing guidelines of the sentencing committee of the crime of this case is from 1 year and 1 month to 1 year, habitual injury, repeated injury, special injury, Type 1 (Habitual injury, repeated injury, special injury), special form of punishment, the scope of recommendation (limited to mitigation), the scope of punishment, the scope of suspended sentence (limited to imprisonment with prison labor) to 2 years and 16 months to 194).

3. The final appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is groundless. It is so decided as per Disposition.

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