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(영문) 서울중앙지방법원 2016.05.26 2016노966

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable because it is too unfasible to imprisonment (six months).

2. There are extenuating circumstances such as: (a) the nature of the crime of this case committed by force and insulting police officers without any special reason; (b) the nature of the crime of this case committed by force and insulting police officers is inferior; and (c) the crime of this case committed again during the period of repeated crime; and (d) there is no trace of efforts made to recover damage.

However, in full view of the fact that the degree of damage caused by the crime of injury is not obvious, the fact that the degree of damage caused by the crime of injury shows the attitude of recognizing and opposing his mistake, and the means and result of the crime of this case, the age and environment of the defendant, and all other circumstances that form the conditions for sentencing as shown in the pleadings, it is not recognized that the sentencing of the court below exceeded the reasonable scope of discretion because it is too unfeasible.

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 without merit. It is so decided as per Disposition.