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(영문) 부산지방법원 2015.04.02 2015노151
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year and six months of imprisonment, three years of suspended execution, and one hundred and sixty hours of community service) is deemed to be too unhued and unfair.

2. The crime of this case is committed in light of the following circumstances: (a) the defendant injured the victim; (b) the victim was investigated by the police station upon the victim’s complaint; and (c) the victim was inflicted an injury by brick view, which is a dangerous object after finding the victim; (b) the victim’s injury part; and (c) the victim’s photograph; and (d) the degree of damage was serious in light of the victim’s photograph; (b) the victim did not yet agree with the victim; (c) the defendant acknowledged the crime of this case; (d) the victim committed the crime of this case; (d) the victim was committed against his mistake; (e) the victim deposited a certain amount; (e) there was no history of criminal punishment for about twenty-five (25) years; and (e) other various circumstances, including the motive and circumstance leading up to the crime of this case; (e) the defendant’s age after the crime; and (e) the records and arguments of this case; and (e) the court below’

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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