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(영문) 대구지방법원 2014.04.24 2013노3511
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and six months of imprisonment, two years of suspended execution, probation, community service, confiscation) is too uneasy and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The Defendant again committed the instant crime even though he had been subject to punishment more than 20 times for the same crime.

The crime of this case is highly likely to commit the crime of this case by using a heat that requires approximately three dnife treatment at one time on the right upper part of the victim on the road in which the defendant was in possession of the fnife machine.

However, the defendant led to the confession of the crime of this case and reflects his depth, and the injury of this case was not affected by the victim's 2 cm in length and 1 cm in depth.

The defendant paid 3 million won to the victim and agreed that the victim does not want to punish the defendant any longer, and there are circumstances that the defendant is a person entitled to receive basic living benefits in Grade 6 of the physical disability.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below shall be appropriate, and it shall not be deemed that it is too weak or unreasonable.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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