logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2013.12.13 2013노836
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case, the sentence imposed by the court below (one year and eight years of suspended sentence, etc.) is too unfasible and unfair.

2. Although there are unfavorable circumstances, such as the fact that the crime is not good in light of the various methods of each of the crimes in this case, considering the following as a whole: (a) when the defendant was in the first instance, the victim is not subject to punishment against the defendant; (b) the defendant has no capacity to suspend qualification or heavier punishment; (c) the defendant is against his mistake; and (d) the defendant reflects his age, character and conduct, environment, and circumstances after the crime, the court below’s sentence imposed on the defendant is unjustifiable, and thus, the prosecutor’s assertion 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.

(However, "Application of Acts and subordinate statutes" of the judgment of the court below is clearly stated in section 3, section 15, and section 16 of the Criminal Procedure Act, and it is clearly stated in section 57 of the Criminal Procedure Act. Thus, it is corrected ex officio as it is deleted under Article 25(1) of the Rules on Criminal Procedure

arrow