logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.02.13 2014노4213
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two months of imprisonment and two years of suspended execution) is too unfased.

2. Although there are extremely poor circumstances in light of the risk of the instant crime committed with the kitchen knife of judgment, the Defendant did not agree with the victim, the Defendant’s history of violent crime four times, etc. However, the Defendant recognized the instant crime and opposed to the Defendant, the Defendant did not inflict injury on the victim, each of the above violent crime records has been relatively long long, and there was no violent crime record after punishment, and there was only a fine of this kind, the Defendant’s health status is not good, the Defendant’s health status is not good, the victim in a de facto marital relationship seems to be a crime contingent, and there was no special circumstance or change to newly consider the sentencing after the sentence of the lower judgment, and the Defendant’s character and environment, the motive and consequence of the instant crime, the circumstances after the crime, the relationship between the victim, etc., and all of the circumstances in the arguments and the records of the instant case are considered appropriate.

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.

arrow