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(영문) 수원지방법원 2014.01.09 2013노5357
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. The prosecutor and the defendant asserts that the sentencing of the court below (one year and six months of imprisonment) is too minor or unreasonable.

2. According to the records, there are favorable circumstances such as the defendant's agreement with the victim and the defendant's violation of the Establishment of Homeland Reserve Forces Act, except for those punished once by a fine, with no criminal records.

However, considering the fact that the defendant is a shoulderer disease, which is a dangerous object to the victim's part, and the knife case and the quality of the crime are not weak, the defendant does not rescue the victim who was seriously injured, and leaves the scene as it is without relief, the defendant's occupation, age, character and behavior, family environment, circumstances leading to the crime, circumstances leading to the crime, and the statutory punishment for the crime of violation of the Punishment of Violence, etc. Act (a violation of the Act on the Punishment of Violences, etc.) is imprisonment for a limited term of not less than three years, the sentencing of the court below

3. In conclusion, since the appeal by the prosecutor and the defendant is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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