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(영문) 춘천지방법원 강릉지원 2015.01.27 2014노577
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than one year and six months, three years of suspended sentence, two years of probation and one hundred and twenty hours of community service order) of the lower court is deemed to be too uneasy and unfair.

2. The judgment of this case is that the defendant gets off from a small-scale disease, which is a dangerous thing for the head of the victim's head, and is disadvantageous to the defendant, such as the crime method, the poor nature of the crime in light of the damaged part, and the absence of agreement with the victim.

However, in full view of the sentencing conditions indicated in the instant case including the Defendant’s age, occupation, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment cannot be deemed unreasonable because it is too uneasible.

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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