logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.10.15 2015노2386
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for two years and six months, suspension of execution for four years, probation, violence therapy, 40 hours of an order to attend a lecture, 300 hours of community service order, confiscation) of the lower court against the Defendant is unreasonable.

2. The judgment of this case is an unfavorable circumstance to the defendant for the following reasons: (a) the defendant committed an act with the knife wheels, which is a dangerous thing, thereby causing bodily injury to the victims; and (b) the fact that the defendant did not agree with the victims.

However, in full view of the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence, and the range of recommended sentencing guidelines established by the Supreme Court's Sentencing Committee, the court below's suspended execution of imprisonment under the conditions of probation, violence therapy education and community service order is too uneasy and unreasonable. 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.

arrow