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(영문) 부산지방법원 2015.12.24 2015노3678
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (one year and six months of imprisonment, two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The judgment of the court below is reasonable in full view of various factors, such as the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and result of the crime of this case, and circumstances after the crime of this case, etc., that the defendant's act of leaving the bar with no specific reason to the extent that the defendant did not reach an agreement with the victim as a dangerous behavior, etc., but the defendant is the first offender, and the defendant is suffering from the second-class mental disorder of this case, and the symptoms appear to have a little influence on the crime of this case. Such symptoms appear to have been somewhat affected on the crime of this case, the defendant is the confession of the crime of this case, the first offender, and the court below already determined the punishment in full consideration of the above circumstances, and there was no change of circumstances that could vary from the punishment of the court below.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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