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(영문) 의정부지방법원 2015.05.22 2015노589
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment with prison labor for six months and one year of suspended execution) is unreasonable.

2. In light of the contents, method, etc. of the instant crime committed by the Defendant, the fact that the nature of the crime is not less than that of the Defendant, and the victim committed suicide around May 22, 2014 when five months have passed since the instant case, stated that it was difficult for the Defendant to do so, and the fact that the victim did not receive a letter from the bereaved families of the victim until now is recognized as an unfavorable circumstance to the Defendant.

However, in full view of all the circumstances such as the defendant's age, character and behavior, environment, occupation, background leading to the crime of this case, circumstance after the crime, family relation, criminal record relation, etc., the sentence imposed by the court below is deemed to be unreasonable since the defendant's punishment imposed by the court below is deemed to be inappropriate because it is unreasonable because it is too unreasonable. Thus, the prosecutor's assertion is without merit.

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

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