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(영문) 부산지방법원 2014.07.03 2014노1303

상해

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (one million won of a fine) is too unhued and unfair.

Judgment

The crime of this case is one of the two times in which the part of the victim was injured by the victim at hand, and the nature of the crime was not somewhat weak in light of the method of the crime, etc., and the defendant committed the crime of this case without any reflection even though it was currently under repeated crime period. However, the defendant committed the crime of this case by agreement with the victim. The defendant does not want punishment against the defendant. The victim does not want punishment against the defendant. The victim is presumed to have caused the crime of this case by contingency, the degree of injury suffered by the victim is relatively less severe, and considering the motive and circumstance of the crime of this case, the circumstances after the crime of this case, the age of the defendant, character and conduct of the defendant, the environment, etc., and other various circumstances, which are the conditions for the punishment as shown in the records and arguments of this case, it cannot be deemed unfair to impose the sentence of the court below because it is too unfeasible.

In conclusion, 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.