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(영문) 인천지방법원 2015.03.13 2014노4395
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two years of imprisonment, three years of suspended execution, and one hundred and sixty hours of community service) is too unhued and unreasonable.

2. The instant crime committed against the victim is an unfavorable circumstance to the Defendant, where the Defendant, along with the victim, prices the back head of the victim using a brick, which is a dangerous object on the ground that the victim would drink alcohol, and in light of the circumstances and means of the crime, the nature of the crime is bad, and the agreement with the victim is not reached.

However, in full view of the following factors: (a) the Defendant committed the instant crime; (b) the Defendant deposited KRW 1.5 million for the victim; (c) the Defendant deposited for the victim at the lower court; (d) the injury was not serious; and (e) the Defendant’s age and happiness environment; and (e) the circumstances before and after the commission of the instant crime; and (c) the various sentencing conditions as shown in the records and arguments, the Defendant’s punishment against

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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