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(영문) 춘천지방법원 강릉지원 2014.12.30 2014노502
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, a suspended sentence for three years, a probation and a community service order for 160 hours) of the lower court is deemed to be too uneasible and unfair.

2. Determination is an unfavorable circumstance to the Defendant, in light of the method of the instant crime, the degree of damage, the frequency and duration of the instant crime, etc., and the fact that the crime was considerably poor, and that there was no agreement with the victim.

On the other hand, the fact that the defendant led to the crime of this case, deposited 7 million won for the victim, and did not have any other criminal records is favorable to the defendant.

In full view of the sentencing conditions indicated in the instant case, including the aforementioned various circumstances, including the Defendant’s age, occupation, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s sentence against the Defendant cannot be deemed unreasonable as it is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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