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(영문) 부산지방법원 2016.05.26 2015노4339
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The crime of this case is recognized as an act of assaulting a victim while possessing a medical figure, which is a dangerous thing by the defendant, and the nature of the crime is not less than that of the crime, and there is no agreement with the victim until now.

However, in light of the fact that the defendant recognized the crime of this case and made a mistake against the defendant, deposited 80,000 won for the victim, the defendant did not have a criminal record for the same kind of crime, and there are several disputes arising in the course of terminating the relationship with the victim, the appraisal seems to have been unexpectedly caused and contingent. The degree and method of assault inflicted on the victim is not significant, and other various sentencing conditions such as the defendant's age, sex behavior, environment, circumstances leading to the crime, means and method of the crime, and circumstances after the crime are considered, it cannot be deemed that the sentence imposed by the court below is too unjustifiable and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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