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(영문) 제주지방법원 2014.05.08 2013노618

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution in October, probation, and community service order 120 hours) of the lower court is deemed to be too uneasy and unreasonable;

2. Although there are extenuating circumstances against the Defendant, such as the fact that the Defendant was punished for a crime of the same kind as the judgment, the degree of injury suffered by the victim is not weak, considering the following factors: (a) the Defendant deposited a total of KRW 3.5 million for the victim; and (b) the Defendant’s age, character and conduct, family environment, circumstances leading to the instant crime; and (c) the circumstances before and after the instant crime, etc., the lower court’s sentence against the Defendant cannot be deemed as being too uneasible and unreasonable.

3. Accordingly, according to the conclusion, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.