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(영문) 창원지방법원 2015.04.23 2014노2501
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the gist of the grounds for appeal asserts that the sentence imposed by the court below (three years of suspended execution in one year and six months of imprisonment, probation, and confiscation) is too unhued and unreasonable.

2. The crime of this case is recognized as having been committed by the Defendant with a knife, which is a dangerous thing by the Defendant, that the victim's right chest part of the victim's chest was inflicted one time on the victim's right chest, and the case is not less than that of the case, and the Defendant has already been punished several times for violent crimes.

However, the Defendant recognized the Defendant’s mistake and reflects, and the Defendant and the victim drink the Defendant’s drinking together at the Defendant’s house several times, and it appears that the Defendant committed the instant crime contingently at the end of the horse match in which the victim did not comply with the request, and that the victim would not want the Defendant’s punishment. Considering the circumstances that are favorable to the Defendant, there is no special circumstance or change that may be newly considered in sentencing after the sentence of the lower judgment, the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime was sentenced, and there is no other special circumstance or change that could be newly considered in sentencing. In full view of the various circumstances that form the conditions for sentencing and sentencing as indicated in the argument and the record of the instant case, it is not recognized that the sentence imposed by the lower court is unreasonable.

3. The prosecutor's appeal of conclusion 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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