logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2012.09.19 2012노32
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 5,00,000 (the fine of KRW 5,000) is too unhued and unreasonable.

2. In light of the means and methods of the instant crime, such as when the Defendant was the victim’s head due to a minor disease, it is acknowledged that the crime was inferior in light of the means and methods of the instant crime, and that the victim was compensated for damage or did not reach an agreement with the victim.

However, even though the crime of this case was committed by the victim, even though the victim was aware of alcohol and tobacco of the victim's age to the defendant, it was caused by the defendant's desire and care for the reason that the defendant refuses it. In many cases, the victim has a side of inducing the crime of the defendant; the victim's injury was not severe; the victim did not have any criminal record exceeding the same criminal record and fine; the defendant did not have any criminal record beyond the same criminal record and fine; and other circumstances that are the conditions for sentencing, such as the age and happiness environment of the defendant, the sentence of the court below is too unjustifiable and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

arrow