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(영문) 인천지방법원 2015.08.21 2015노2401

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (five months of imprisonment) by the lower court is deemed to be too unhued and unreasonable.

2. In light of the circumstances and contents of the instant crime, the crime is bad, the degree of injury of the victim is relatively heavy, the damage to the victim is not completely recovered, and the Defendant is able to have the record of criminal punishment for the same kind of crime, or considering the circumstances unfavorable to the Defendant, the Defendant’s life without any particular power for about five years after the Defendant was subject to criminal punishment for the final crime, and other various sentencing conditions in the records and arguments, such as the Defendant’s age and happiness environment, the circumstances before and after the commission of the crime, etc., the lower court’s sentence against the Defendant cannot be deemed unfair.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.