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(영문) 수원지방법원 2015.01.08 2014노3782
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (ten months of imprisonment, two years of suspended sentence, two years of probation, and 40 hours of an order to attend a course) is too uneasible and unfair.

In light of the contents, motive, means, methods, risks, etc. of each of the instant crimes, there is no good character of the crime, and the Defendant has a single criminal record and several criminal records for the same type of crime, and there is a disadvantage to the Defendant.

However, in light of the fact that the degree of personal and material damage caused by each of the instant crimes is relatively minor, that the Defendant agreed with the victim C at the lower court, and expressed his/her intent that the Defendant does not want to punish the Defendant, that the Defendant has the time of self-esteem while living in custody near two months in this case, that there is no previous conviction exceeding the fine, that the lower court recognized the mistake, that the lower court orders the probation and the attending of violent therapy for a period equivalent to that of the probation, and all other circumstances that are the conditions for the sentencing specified in the instant case, the lower court’s sentencing is too unjustifiable and unreasonable.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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