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(영문) 광주지방법원 2015.04.09 2014노1769
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 Defendant is an unfavorable circumstance, where the Defendant shouldered a beer’s disease for about three weeks to put the victim with a face-to-face care, and the nature of the crime is not good, and it is not agreed with the victim.

However, in consideration of the favorable circumstances, such as the fact that the defendant is divided into and against his mistake, the fact that the defendant deposited 5 million won for the victim (2 million won for the appellate court of KRW 3 million for the victim), the payment of the victim's medical expenses to the National Health Insurance Corporation in installments according to the decision of the National Health Insurance Corporation's indemnity amount, and the fact that the defendant has been faithfully living without criminal power so far, the defendant's age, character and conduct, environment, the circumstances and result of the crime of this case, and all of the sentencing conditions in this case, such as the circumstances after the crime, etc., the court below's punishment is too unjustifiable and unreasonable, and the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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