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(영문) 수원지방법원 2015.06.11 2014노6490
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment, two years of suspended execution, and 120 hours of community service) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. In light of the defendant's and prosecutor's assertion of unfair sentencing together with the defendant's assertion of unfair sentencing, the defendant's injury was considerably severe, and the victim's injury was anticipated to remain as a result of the defendant's crime of this case, and the defendant's injury was in a profoundly against the defendant's injury, and the defendant's accident of this case seems to have committed the crime of this case in a contingent impulse, there is no specific criminal power other than criminal punishment once every 15 years, and there is no specific criminal history other than the victim's punishment, and the victim wanted to take advantage of the defendant's favorable circumstances and all other sentencing conditions indicated in the arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the defendant's and prosecutor's assertion cannot be accepted in entirety since the court below's punishment is too heavy or it is deemed unfair.

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

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