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(영문) 대전지방법원 2014.01.08 2013노1252
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds of appeal (e.g., in light of the following circumstances: (a) the Defendant committed an injury by making the head of the victim the beer’s disease one time; (b) the degree of injury to the victim is too severe; (c) the Defendant has been punished for the same kind of crime in 2010; and (d) the Defendant did not receive a written request from the victim; and (b) the prosecutor of the lower court punished the Defendant by imprisonment for one year and six months (one year and six months, and three years of the suspended execution).

It is too unfortunate that it is unfair.

2. Determination

A. According to the prosecutor’s grounds of appeal, the crime of this case committed by the defendant on the table table above the restaurant, which caused annoying defect by the victim E, such as offageing the defendant’s mother and her earing her earing, and her earing, which caused approximately two weeks of treatment to the victim by making the head of the victim one time due to an empty beer, and causing an internal heat, etc. for about two weeks of treatment to the victim. As such, the crime of this case was committed by a beer, which is a dangerous object, with the head of the victim, and the degree of injury to the victim is not easy, and the crime is not good, because the applicable law was bread and the degree of injury to the victim was not easy, even if there was a history of punishment for a suspended sentence for the same kind of crime in 2010, and the prosecutor’s assertion that the defendant must be punished strictly in light of the fact that the victim did not receive a letter of suspicion.

However, the defendant's attempt to commit the crime of this case, the victim under the influence of alcohol at the time of this case exceeded her mother and her mother without any justifiable reason, and her ear was faced with beer disease, and the defendant who was not involved in her earing. The head of the defendant continued to be her head due to the consciousness of the victim's attention, and the defendant committed the crime of this case in a contingent manner, the defendant deposited 50,000 won for the victim at the time of the trial, and the defendant deposited her age, character, environment, and other cases.

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