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(영문) 춘천지방법원 강릉지원 2016.01.28 2015노640
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor (misunderstanding of facts and misunderstanding of sentencing) 1), although the defendant could find that the defendant was guilty of the injury to the victim by making one time the left-hand eye of the victim, which is a dangerous article as stated in the facts constituting the crime in the judgment of the court below, the court below acquitted the defendant of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding the facts.

2) The sentence sentenced by the lower court (7 million won in penalty) is too unhued and unfair.

B. The punishment sentenced by the lower court is too unreasonable.

2. Determination

A. As to the prosecutor’s assertion of mistake of facts, the lower court rendered a not guilty verdict on this part of the facts charged on the grounds of the same circumstance as the written judgment states in detail.

Examining the above judgment of the court below closely after comparison with the records, the judgment of the court below is just, and there is no violation of law which affected the conclusion of the judgment.

Therefore, prosecutor's assertion is without merit.

B. As to the argument of unfair sentencing by the prosecutor and the defendant, the fact of the crime committed in the judgment of the court below is recognized and reflected, and the degree of injury suffered by the victim seems to be relatively minor, etc. are favorable to the sentencing.

On the other hand, the fact that the defendant committed the crime of this case in the period of repeated crime due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) as well as criminal records having been punished several times due to violent crimes is disadvantageous to the sentencing.

In addition, comprehensively taking account of the motive, background, means and consequence of the instant crime, the circumstances before and after the instant crime, the Defendant’s age, sexual conduct, environment, and other various conditions of sentencing as shown in the pleadings, the sentence imposed by the lower court cannot be deemed to be too weak or unfair because it is too poor.

The prosecutor's improper assertion of sentencing and the defendant's assertion are without merit.

3. Accordingly, the Defendant and the Defendant.

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