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(영문) 서울남부지방법원 2013.04.18 2013노19
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the reasons for appeal by the prosecutor is that the punishment (one year and six months of imprisonment, two years of suspended execution, two years of social service, 240 hours of imprisonment) of the judgment of the court below is too unfasible and unfair.

The crime of this case is established that the defendant inflicted a bodily injury on the part of the victim on the part of the defendant, and the risk of the act is very high in light of the criminal implements and the part of the injury, and the situation where the victim remains a flasor, such as permanent reduction disorder, is recognized.

However, in light of the following factors: (a) the workplace commercial victim flicked the Defendant’s body and flurged the two persons, and the victim flurged flurged flurged flurged by the Defendant who flurged flurged flurged flurg, and the victim flurgd flurgd flurgd flurgd flurgd flurgd flurg, which are factors to be considered in light of the motive of the crime and the background of the crime; (b) the Defendant did not make an agreement or complete repayment with the victim, but the Defendant did not have made efforts to recover damage by depositing a considerable amount of money for the victim in an economically unsurged situation; and (c) there was no criminal power other than three times of punishment; and (d) other factors of sentencing specified in the argument in the

Therefore, the prosecutor's appeal 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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