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(영문) 창원지방법원 2015.04.02 2015노413
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the grounds for appeal asserts that the punishment imposed by the court below (one year and six months of imprisonment) is too unhued and unreasonable.

2. The crime of this case is acknowledged in the following cases: (a) the Defendant, out of plastics, has taken three parts of the victim D’s head, thereby causing an injury requiring treatment for about two weeks; (b) the victim’s head part was unloaded once by beer disease, which is a dangerous object; and (c) the victim F incurred an injury requiring treatment for about two weeks; (d) the victim F was injured to the extent that the lower part was to be 50 times increased by 50; (e) the Defendant had already been punished for several violent crimes; and (e) the Defendant had not submitted data on the recovery of the victim D’s damage.

However, in light of the following circumstances: (a) the Defendant recognized the Defendant’s mistake in the course of the trial; and (b) deposited money to recover damage to the Victim F, etc. in favor of the Defendant; and (c) there is no special circumstance or circumstance that may newly be considered in the sentencing after the sentence of the lower judgment; and (d) the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense; and (e) circumstances that form the conditions for sentencing as indicated in the present arguments and records, such as the circumstances after the crime was committed, it is not recognized that the sentence

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.

(However, in the summary of the evidence of the court below, it is clear that the "1. partial statement of the defendant" is the error of "1. Part of the defendant's court statement", and thus, it shall be corrected ex officio in accordance with Article 25 (1) of the

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