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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.10.28 2015노2728
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment, two years of suspended execution) is too unhued and unfair.

2. The instant crime committed by the Defendant, while in dispute with the victim, ordered the mentally handicapped children, who were the mentally handicapped, to take the victim into consideration, and the nature of the crime is very poor. The Defendant ordered violence to the disabled children without protecting the disabled children and raising them properly, and there are disadvantageous factors for sentencing, such as high possibility of criticism.

However, when considering the various circumstances, such as the defendant's age, character and behavior, environment, details and contents of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too uneasable and unreasonable, considering that the defendant shows the attitude of recognizing and opposing the crime of this case, the defendant deposited one million won for the victim, and the defendant supported the disabled children. The detention of the defendant can involve excessive difficulty for the disabled children.

Therefore, the prosecutor's above assertion is without merit.

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

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