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(영문) 울산지방법원 2014.11.03 2014노697
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, three years of suspended execution, three years of probation, and 40 hours of an order to attend lectures for alcohol treatment) of the lower court is deemed to be too uneasy and unreasonable;

2. Although there are circumstances unfavorable to the defendant, such as: (a) the defendant, without any justifiable reason, by taking out dangerous articles without any reason, threatened victims; (b) the victims feel considerable fear and apprehension; and (c) the victims have not yet been imprisoned from the victims; (c) there are no criminal records above the suspension of execution; (d) the defendant has deposited certain money in the court below to recover damage; and (e) it is difficult to recognize

Even if it appears that the mental illness suffered by the defendant was affected by this case, and for the purpose of the treatment, the defendant was hospitalized since July 28, 2014, which was the date of the decision of the court below, and the defendant has been hospitalized from around July 28, 2014 to the present time, and the defendant reflects the error and transferred the defendant to another place from the defendant's residence in which the damaged area was located, and in full view of all the sentencing conditions as indicated in the records and arguments, including the defendant's age, character and conduct, family relationship, environment, etc., the court below's sentence of probation and alcohol treatment additional to the

3. In conclusion, the prosecutor's appeal of this case 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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