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(영문) 울산지방법원 2016.06.17 2016노274
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unfluent and unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, such as the following: (a) the crime of this case was committed by the victim by getting the head of the victim due to a minor disease, etc., which is dangerous for the defendant, and thereby causing injury requiring two-day medical treatment; (b) the nature of the crime is not good in light of the content of the crime and the method of the crime; (c) the victim was seeking severe punishment against the defendant because it did not reach an agreement with the victim; and (d) the victim was punished three times

However, the defendant recognized his mistake and reflects, and appears to have committed the crime of this case somewhat contingent under the influence of alcohol, and the court below made and submitted a written consent that the victim would consent to the recovery of the deposit by refusing to receive the deposit;

In addition, comprehensively taking account of the Defendant’s age, sex, family environment, motive and background of the crime, the means and consequence of the crime, and various sentencing factors as shown in the trial process, such as the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too uneasible, and thus, it does not accept the Prosecutor’s improper assertion on

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

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