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(영문) 대전지방법원 2013.05.30 2013노313
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (ten months of imprisonment, two years of probation, probation, violent therapy, alcohol therapy and mental therapy lectures, each of 40 hours of an order to attend a mental therapy) is too unfeasible and unfair.

Judgment

The crime of this case is deemed to have been committed by assaulting the victim by means of displaying the head part of the defendant's body, which may wear a brush (118 cm in length, 2 cm in diameter), which is the dangerous thing of the defendant, in light of the method of crime and risk, etc., and the victim did not compensate the victim for monetary damage. However, it is acknowledged that the victim does not want the punishment of the defendant. Meanwhile, considering all of the sentencing conditions including the fact that the victim did not have the power to be punished for the same crime except that he was sentenced once to a fine of 20 years prior to the same crime due to the same violence, and that there was no other defendant's age, character and conduct, environment, and circumstances after the crime, etc., the court below's punishment cannot be deemed to be too unjustifiable and unreasonable. Thus, the prosecutor's assertion is without merit.

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

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