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(영문) 대전지방법원 2014.07.23 2014노132
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) that the court below sentenced (the defendant A: 1 and 6 months of imprisonment; 2 years of suspended sentence; 2 years and 6 months of suspended sentence; 3 years of suspended sentence and 160 hours of community service) is too unfeasible.

Judgment

The extent of injury inflicted on each of the defendants is more severe, and the crime is not less weak in light of the method of crime and degree of damage.

However, in full view of all other circumstances, including Defendant’s age, character and behavior, environment, motive and circumstance leading to the instant crime, circumstance before and after the instant crime, etc., the sentence of the lower court is too uneasible and unreasonable, and thus, the Prosecutor’s aforementioned assertion is without merit, inasmuch as it appears that the Defendant’s punishment is too uneasible and unreasonable.

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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