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(영문) 인천지방법원 2018.07.20 2018노645

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) is too uneasible that the sentence imposed by the lower court on the Defendant (an order of imprisonment with prison labor for four months, a stay of execution two years, and an order of lecture for violent treatment for forty hours) is too uneas

2. The victim’s injury needs to be treated for up to six weeks, and the defendant’s injury that had been subject to punishment several times as a crime of violence prior to the instant crime is disadvantageous to the defendant.

However, in light of the fact that the Defendant had no record of punishment for violent crime since 2007, and the sentencing conditions indicated in the record, such as the Defendant’s age, sex behavior, environment, circumstances of the crime, and circumstances after the crime, the lower court’s punishment is too unfeasible and unreasonable.

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.