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(영문) 대전지방법원 2014.09.04 2014노482
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to imprisonment for a period of one year and six months, a suspended sentence of two years, and confiscation) by the court below is deemed unreasonable.

2. Although the defendant has the ability to punish a fine one time before and after the judgment, the defendant appears to be in reflectivity, and the defendant expressed his intention of not to punish the defendant under an agreement with the victim, and the injury suffered by the victim is relatively minor, the defendant deposited the money for the victim, and in full view of the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and circumstance before and after the crime, the prosecutor's assertion of unfair sentencing is without merit.

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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