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(영문) 부산지방법원 2016.06.03 2015노3329

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence (five million won in penalty) imposed by the court below on the defendant is too unfasible.

2. The judgment of the court below is necessary to respect the judgment of the court below because there is no change in the conditions of sentencing compared to the court below because the defendant repeated the crime of this case even if the defendant had a previous criminal conviction for the same kind, and there is no agreement with the victim. However, since new sentencing data have not been submitted in the court of original instance, it is necessary to respect the judgment of the court below because there is no change in the conditions of sentencing compared with the court below. The degree of injury to the victim is minor. The crime of this case appears to have occurred contingent, and other circumstances, which are the conditions of sentencing as shown in the records and arguments, such as the circumstances after the crime, character and behavior, Defendant’s environment, age

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 appeal is without merit. It is so decided as per Disposition.