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(영문) 인천지방법원 2013.06.21 2013노788
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendant (one year and six months of imprisonment, three years of suspended execution, probation, and confiscation) is too uneased and unreasonable.

2. The crime of this case is the case where the defendant laid the victim's left chest in a knife, which is a deadly weapon, and laid the victim's left shoulder, and took about two weeks of treatment. In light of the method of the crime, the nature of the crime is not weak, and it is necessary to punish the defendant strictly in that the defendant did not agree with the victim until the trial is held.

On the other hand, however, the Defendant recognized the instant crime as a primary offender with no criminal power and against his mistake. The instant crime is deemed to be unfair because the Defendant’s punishment by the lower court is too uneasible, in full view of the following: (a) the Defendant continued to be in dispute with the victim who is his wife; (b) there are circumstances to take account of the circumstance that the Defendant committed contingent acts while drinking the married victim; (c) the degree of the victim’s injury is not severe; and (d) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, happiness, family environment, and circumstances before and after the crime.

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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