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(영문) 서울고등법원 2014.03.11 2014노34
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the first instance court, which is set forth in two and half years and six months, of the punishment against the accused in the summary of the reasons for appeal, is deemed unfair.

2. The crime of this case in the name of the victim E, who is a single family member, intrudes the residence of the victim, thereby causing an injury to the victim E and the victim F, who is his/her father, in the inside part of the inserted loss, and hears the lusium, and thereby causing an injury by inserting the face of the victim D into the head of the her husband, and the crime of this case is very heavy, and the crime of this case is also hot in the result of the crime, such as the victim E, the left eye of the victim D, and the victim E, leaving the left body of the victim E.

On the other hand, the Defendant committed the instant crime in a state of mental disorder, which is the first offense, and is the first offense, from around 192 to around 21 years after the 1992 in the military, and was under mental and medical treatment for about 21 years after the patient's death. At the time of the instant crime, the Defendant committed the instant crime in a state of mental disorder due to the symptoms of damage network caused by the symptoms that the victim D puts his desire to commit the instant crime.

In addition, on February 7, 2014, the Defendant paid approximately KRW 2.8 million to the victims, deposited KRW 5 million in the first instance court, and paid KRW 150 million to the victims D in the civil case in progress of the trial on February 7, 2014, and the victims made faithful efforts for the recovery of damage, such as that mediation is concluded as not wanting to be punished by the Defendant.

Considering such circumstances and the Defendant’s age, character, conduct and environment, means and consequence, etc., the sentence of the first instance court cannot be deemed to be unfair because it is too uneasible.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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