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(영문) 의정부지방법원 2016.07.19 2016노1348

특수상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (over to eight months of imprisonment) is deemed unreasonable.

2. Determination

A. It is recognized that the Defendant, who is a dangerous object, has the nature of the offense by causing another person in a kitchen with a kitchen, three times of violence criminal records, the victim D, and the fact that the Defendant did not agree with the J.

B. However, in full view of the following circumstances: (a) the Defendant led to the confession and reflect of the instant crime; (b) the victim H does not want the Defendant’s punishment; (c) the Defendant shows symptoms, such as awareness disorder and alcohol dependence; and (d) the Defendant’s age, background of the instant crime; and (c) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the circumstances after the commission of the crime, the lower court’s punishment is too uneasible and unreasonable.

(c)

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.