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(영문) 청주지방법원 2019.08.08 2018노1491

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is that considering the fact that the Defendant, while under the suspension of the execution due to the crime of injury in this case, committed the crime in this case without being aware of the fact that it appears that the risk of repeating the crime in this case is also high, the lower court’s punishment (three million won of fine) is too uneasible and unreasonable.

2. In light of the above circumstances in the prosecutor's assertion, the court below seems to have determined the punishment in light of the above circumstances, and the defendant is deemed to have committed the crime of this case in depth, and even if the defendant was committed the crime of this case, it seems that the defendant committed the crime of this case without fault, and the degree of injury to the victim is not much serious, and the victim is not punished against the defendant, and other factors such as the defendant's age, character and conduct, environment, circumstances of the crime, and circumstances after the crime are considered, the court below's punishment should be determined to be appropriate within the discretionary scope.

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