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(영문) 수원지방법원 2014.01.09 2013노5121
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of the Defendant, the lower court’s imprisonment (two years of imprisonment) is too unreasonable.

B. In light of all of the sentencing conditions of the Prosecutor’s instant case, the lower court’s sentence is too uneasible and unreasonable.

2. It is recognized that the Defendant, who made a judgment, led to the instant crime by confession and reflecting the instant crime, and by contingency, appears to have reached the instant crime.

However, since the crime of this case was committed by the defendant using the kitchen knife to inflict an injury on the victims, the method of the crime is dangerous, and it may cause a direct danger to the victims' lives depending on the part of the injury, the degree of injury to the victims is serious, and the victims did not agree with the victims up to the trial, and the punishment determined by the court below in full view of all the sentencing conditions, including the defendant's age, character and behavior, environment, and circumstances after the crime, shall not be deemed to be appropriate, too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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