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(영문) 수원지방법원 2014.04.03 2013노4474
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., e., e., 5 million won) of the lower court’s sentencing (e., e., e., e.

However, there is considerable danger that the defendant's act of unloading back of the victim with the beer of glass material is dangerous, and the defendant committed the crime of this case during the period of suspension of execution due to the violation of the Road Traffic Act (Refusal of Drinking Measures) and was sentenced to a fine in 2012, and there are records of records of being sentenced to the crime of injury in 2012.

However, considering the fact that the degree of injury suffered by the victim is not much serious, that the victim expresses his/her intention that he/she does not want the punishment of the defendant, that the defendant seems to have committed a contingent crime while under the influence of alcohol, that the defendant acknowledges and reflects the mistake, and all other circumstances that form the conditions for the sentencing specified in the instant case, such as the defendant’s age, character and conduct, motive, means and consequence of the crime, etc., the sentencing of the court below cannot be deemed unfair because the sentencing of the court below

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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