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(영문) 청주지방법원 2013.08.29 2013노470

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is too unhued and unreasonable.

2. In full view of the following circumstances: (a) the Defendant caused a dispute with the victim; (b) the Defendant did not reach an agreement with the victim; and (c) the Defendant was subject to a disposition to protect juveniles of the same kind of criminal act and a disposition to suspend indictment; (b) the lower court appears to have determined punishment by taking into account all such circumstances; (c) the Defendant appears to have been in a contingent situation while drinking with the victim who was his/her friendship; (d) the Defendant is relatively old, recognized his/her mistake and reflects his/her depth; and (e) other various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, which are conditions for the pleadings and the sentencing indicated in the records of the instant case, such as the Defendant’s age, character and conduct, environment, motive and consequence of the crime,

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.