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(영문) 의정부지방법원 2015.12.04 2015노1581

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the punishment (ten months of imprisonment and two years of suspended execution) imposed by the court below on the defendant is unreasonable.

2. The judgment of the court below is based on the following facts: the crime of this case committed assaults the victim D without any reason, and when the defendant was arrested as a flagrant offender, the crime of this case was committed by the police officer G during the course of attempting to escape and arresting him again, and the nature of the crime is not less exceptionally, and the defendant has been punished twice for the same crime of violence, and the fact that the defendant has been punished twice is recognized as an unfavorable

However, in light of the following circumstances: (a) the Defendant recognized the facts of the offense; (b) the victims’ degree of injury is not severe; (c) each victim’s injury was agreed with D; (d) the Defendant deposited KRW 500,000 to the victim G in the trial; (c) there was no record of punishment exceeding the fine; (d) the Defendant was detained in the court below for two months; and (e) the Defendant’s age, character and conduct, intelligence and environment; and (e) the motive and background, means and consequence of the instant offense; and (e) the motive and consequence, means and consequence of the instant offense; and (e) the circumstances after the instant offense, criminal records, and family relations, etc., the Defendant’s punishment imposed by the court below is deemed unreasonable because it is deemed that the Defendant’s punishment is unreasonable and excessive. Therefore, the prosecutor’s assertion is without merit.

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.