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(영문) 대구지방법원 2013.05.02 2012노3564
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) declared by the court below is deemed to be too uneasy and unfair.

2. The offense is heavy in that the Defendant, while drinking alcohol with the victims, boomed the eye of the victim D while drinking alcohol with the victims without any justifiable reason, and that the victim E breaths the breath and floths the face of the victim E bloths the victim E bloth, and inflicted an injury upon the victims in need of two weeks of treatment.

The victims did not recover from damage.

However, the defendant has no record of criminal punishment after he/she was sentenced to a fine in 197.

Under the influence of alcohol, the Defendant committed the instant crime in a contingent manner under the influence of alcohol, and has committed the instant crime in depth.

In full view of the criminal defendant's wife and death, support two children by negligence, and all other sentencing conditions shown in the defendant's age, character and conduct, environment, etc. and arguments, it cannot be deemed unfair because the sentence imposed by the court below is too uneasible.

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.

(However, the first sentence on the part of the facts constituting a crime in the judgment of the court below is clear that the omission of "in a state where the defendant has a weak ability to distinguish or make decisions" is a clerical error, and it is corrected to add it).

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