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(영문) 서울동부지방법원 2014.10.02 2014노671

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in light of the criminal history, such as the violence of the accused, and the attitude that does not seem to have any effort or reflect on the recovery of damage, etc., the punishment imposed by the court below (three million won of a fine) is too uneasible and unfair.

2. In light of the Defendant’s age, character and conduct, economic situation, environment, motive, means, consequence, circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable to the extent that the sentence imposed by the lower court is to be reversed. However, it is not determined that it is unreasonable to the extent that the sentence imposed by the lower court is to be reversed, in light of the following: (a) the Defendant’s previous criminal records of several violence; (b) the Defendant was sentenced to three previous fines due to fraud, violation of the Public Health Act, etc.; (c) the victim did not agree with, or did not reimburse, the victim; (d) the victim

The prosecutor's assertion of unfair sentencing is without merit.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition.