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(영문) 의정부지방법원 2015.05.08 2015노51
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment, one year and three years of suspended execution) imposed by the court below is deemed unreasonable.

2. Determination feet, the degree of injury suffered by the victim G is not less exceptionally, and the fact that the victim G did not agree with the victim G is recognized as disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant reflects his mistake; (b) the Defendant’s damage compensation caused by the crime of causing property damage; (c) the lower court and the first instance court deposited a sum of KRW 20 million to the victim G, making efforts to recover damage; (d) the Defendant did not have any record of criminal punishment due to the same kind of violent crime; and (e) the Defendant has no record of criminal punishment heavier than the suspension of execution; and (e) the Defendant’s age, character and conduct, intelligence and environment; (e) the motive, background, means and consequence of the instant crime; and (e) the circumstances after the instant crime were committed, etc., the Defendant’s sentence imposed by the lower court is deemed to be unreasonable because the sentence imposed by the Defendant is unreasonable and excessive

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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