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(영문) 수원지방법원 2014.03.27 2013노6430
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of the Defendant, the lower court’s imprisonment (one year and six months of imprisonment) is too unreasonable.

B. In light of all of the sentencing conditions of the Prosecutor’s instant case, the lower court’s sentence is too uneasible and unreasonable.

2. The following circumstances revealed in the records and arguments of the judgment of this case, namely, that the defendant separates the defendant's wrong, that part of the money for the victim, and that the defendant did not prepare excessive money for the victim from the beginning, even if the defendant did not prepare for the victim from the beginning, the risk of bodily harm has already been generated in the course of the crime of this case since the defendant possessed a person's intention in a state of emotional struting and left the scene of the crime of this case. The risk of bodily harm was realized, and the victim was injured because the risk was realized, the defendant did not agree with the victim up to now, and the defendant did not reach six times of violence, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, character and behavior, are considered appropriate, and it is not unreasonable to deem that the punishment determined by the court below is too heavy or un

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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