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(영문) 인천지방법원 2015.09.04 2015노1412
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year and six months of imprisonment, and three years of suspended execution) is too unhued and unfair.

2. In full view of all the circumstances, including the fact that the instant crime was committed by driving a bitr truck and causing injury to the victim, and that the nature of the crime was not good in light of the risk of the act, etc., the Defendant recognized the instant crime, the fact that the Defendant deposited a certain amount for the victim, the Defendant did not have any criminal record exceeding the fine, the Defendant’s character and conduct, environment, the motive, means and consequence of the instant crime, and other circumstances constituting the conditions for sentencing and sentencing as indicated in the present arguments and records, such as the circumstances after the crime, etc., it is recognized that the sentence imposed by the lower court against the Defendant is adequate.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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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