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(영문) 대전지방법원 2017.02.01 2016노1733
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) against the Defendant is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance in which the nature of the crime was extremely poor due to the unconstitutional disorder of the victim’s head due to the beer disease, which is a unconstitutional thing, and the fact that it did not reach an agreement with the victim up to now.

However, in full view of the following facts: (a) the Defendant paid KRW 1.5 million to the victim in the first instance trial for the recovery of damage; (b) the Defendant did not have any criminal record identical to that of the Defendant; and (c) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (d) various sentencing conditions indicated in the record and the theory of changes, such as the circumstances after the crime, etc., the lower court’s punishment

Therefore, the prosecutor's above assertion is without merit.

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. It is so decided as per Disposition.

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