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(영문) 대구지방법원 2015.01.23 2014노4393
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, confiscation) of the lower court is deemed to be too unhued and unfair.

2. Determination: (a) the Defendant carried dangerous articles with aged victims and commits the instant crime; (b) the Defendant was punished for the same kind of crime five criminal records (two times a suspended sentence of imprisonment, three times a fine); (c) the Defendant committed the instant crime without being aware of the fact that the Defendant was committed while under the suspension of execution due to the same kind of crime; or (d) the Defendant committed the instant crime without being aware of the fact that the Defendant was committed; (b) the Defendant committed the instant crime; (c) the Defendant committed the instant crime under the influence of alcohol; (d) the Defendant appears to have committed the instant crime by contingency; and (e) the Defendant’s age, character and conduct, environment, background of the instant crime, circumstances after the instant crime; and (e) the court below’s punishment is deemed to be unreasonable because it is too uneasible. Therefore, the prosecutor’s allegation above 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.

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