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(영문) 수원지방법원 2014.01.16 2013노5077
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. The sentencing of the court below (one year and six months of imprisonment, two years of suspended execution) is too minor or unreasonable.

2. According to the records, there are circumstances such as the following: (a) the Defendant committed a very dangerous act, such as display of beer disease, which is a dangerous thing; (b) the Defendant, without any particular reason, inflicted an injury on the victim; (c) damage on the victim; and (d) damage the property to the police officer in mobilization; and (e) the Defendant’s injury to the police officer in mobilization.

However, considering the overall circumstances, such as the injury suffered by the victim E is not caused by beer's disease, the fact that the victims agreed with or deposited a certain amount of money, the fact that there is no previous conviction or more than a suspended sentence, and the defendant's occupation, age, character and conduct, family environment, and the circumstances leading to this case, the sentencing of the court below is deemed appropriate.

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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