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(영문) 부산지방법원 2016.10.21 2016노2066
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution for one year of imprisonment, and eight hours of community service order) is too uneased and unreasonable.

2. The crime of this case is acknowledged in light of the content and method of the crime, and the case is not easy in light of the following: (a) the defendant has four times (three times of fine and one time of suspended execution) or more of the criminal acts of the same kind; and (b) the defendant is punished by the defendant because he/she failed to agree with the victim until the trial, because he/she did not agree with the victim until the trial.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime, thereby contravening the mistake; (b) the Defendant did not have any history of criminal punishment for the last 11 years; (c) the Defendant supported the aged aged 86; and (d) the Defendant’s age, character and conduct, environment, the circumstances and consequence of the instant crime; and (c) other circumstances that form the conditions for sentencing specified in the records and pleadings, such as the circumstances after the instant crime, it is difficult to deem that the lower court’s punishment

3. In conclusion, the prosecutor's appeal 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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