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(영문) 대전지방법원 2015.09.09 2015노1323
폭력행위등처벌에관한법률위반(공동상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months, suspension of execution for two years, community service work for 160 hours) imposed by the court below on the defendant is unreasonable.

2. The injury suffered by the victim is serious, and the defendant, even though there is no special reason to inflict the injury on the victim, there was an serious injury on the victim together with two accomplices. The nature of the crime is very poor, the agreement with the victim is not reached, and the fact that the defendant received juvenile protective disposition several times of violence crimes is disadvantageous to the defendant.

However, the fact that the defendant led to the crime of this case and reflects his mistake, deposited 3 million won for the victim (96 pages of the trial record), and that the defendant is leading to the entry of the active duty soldier, but it seems appropriate to provide the defendant with the last opportunity to reflect the mistake of the defendant who is his age and live as a sound social person.

Considering the above circumstances and motive leading to the instant crime, the circumstances after the commission of the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., there is no change in circumstances to determine the sentence differently from the original judgment, and the scope of the recommended sentencing guidelines for the enactment of the Sentencing Commission [the scope of recommending punishment] by comprehensively taking into account the types 1 (general injury between six months and two years) and the aggravated area (special person) (limited to a person under special circumstances), it cannot be deemed unfair since the sentence of the lower court is too uneasible. Thus, the prosecutor’s allegation of unfair sentencing is rejected.

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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