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(영문) 광주지방법원 2013.12.11 2013노2051
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three years of suspended execution in one year and six months of imprisonment, forty hours of probation, mental and psychological therapy and violence therapy, 160 hours of community service) is too uneasy and unreasonable;

2. In light of the method of crime of this case or the degree of injury of the victim, the issue is not less complicated, and the fact that the case is not agreed with the victim until this court is disadvantageous to the victim.

However, the court below recognized the defendant's mistake, and made efforts to recover damage, such as paying 15 million won to the mother of the victim and depositing 10 million won for the victim. It is more favorable that the defendant has no record of criminal punishment. Considering the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, etc., as a whole, various sentencing conditions specified in the arguments of this case, such as the background of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, etc., the prosecutor's assertion is without merit.

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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