logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.04.17 2013노3395
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of probation, community service, 80 hours of social service, alcohol treatment and compliance driving, each of 40 hours of imprisonment) declared by the lower court is deemed to be too uneasy and unfair.

2. The accused has a record of being punished by a fine once due to drunk driving.

Each of the crimes of this case is that the defendant's shoulderer disease as a knife with the knife of the victim, and knife the knife on the benife knife which was on the floor of the victim, and the defendant injured the victim, and even though there are reasonable grounds to recognize that he was driving under the influence of alcohol, the police officer's refusal to take a drinking test is not easy to commit such crime.

However, the Defendant did not have any history of criminal punishment other than that of a fine imposed due to the foregoing force of fine, obstruction of business, etc., and reflects the mistake of crime in depth.

In consultation with the victim, the victim does not want to punish the defendant.

At present, the defendant seems to be in a sincere life as the head of the UOcare Kimcheon branch, and the defendant is responsible for the livelihood of his wife and elementary school students' father.

In addition, considering all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character, conduct and environment, etc., the sentence imposed by the court below cannot be deemed unfair because it is too uneasible.

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.

arrow