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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2015.09.16 2015노2329
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. It is recognized that the circumstances, such as the fact that the Defendant made a confession of all the instant crimes, and his mistake is repented in depth, the victim does not want punishment against the Defendant by mutual consent with the victim, and the risk of recidivism by mutual agreement between the Defendant and the victim seems to be relatively low.

However, the crime of this case is committed several times for a long time by carrying a dangerous object with a victim, threatening him/her, and damages property owned by the victim. In light of the method and content of the crime, etc., the crime of this case is very poor. The victim seems to have suffered serious physical and mental pain, such as committing suicide through the rash-cul, fluor, and fiber, etc. caused by domestic violence of the defendant including the crime of this case. The victim has already been punished one time due to domestic violence, and there is no other special circumstance or change of circumstances that may be newly considered after the sentence of the court below, and the defendant's age, character and behavior, environment, motive, means and method of the crime, and the sentence of the court below is in accordance with the sentencing guidelines. ① The crime of violation of the Punishment of Violence, etc. Act (collectively Injury, etc.) constitutes imprisonment with prison labor for a limited period of one year or more, and the crime of violation of the Act on the Punishment of Violence, etc. Act (special mitigation of punishment guidelines).

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