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(영문) 창원지방법원 2016.11.09 2016노1140
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, two years of probation, and 200 hours of community service) declared by the court below is too uneasy and unreasonable.

2. The crime of this case is the death of glass material, which is dangerous to the defendant.

C. In other words, it is not good that the victim was suffering from a second stroke in the number of days of treatment by making the head of the victim one time, and there is no record of punishment several times due to the same crime, and there is no agreement with the victim until now.

However, the circumstances are favorable, such as the fact that the defendant led to the confession of the crime of this case, the result of the injury suffered by the victim is not significant, and the fact that the defendant has no record of punishment exceeding the fine.

Considering the Defendant’s age, character and conduct, environment, motive and background of the crime, the means and consequence of the crime, and various conditions of sentencing indicated in the instant records and pleadings, including the circumstances after the crime, the lower court’s judgment cannot be deemed unreasonable to have exceeded, or maintain, the reasonable bounds of discretion.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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

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