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(영문) 인천지방법원 2015.10.02 2015노2455

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (five months of imprisonment and two years of suspended execution) of the lower court is deemed to be too untile and unfair.

2. In light of the circumstances, details, etc. of the instant crime, which is not good in light of the nature of the crime, the degree of damage caused by the instant crime is not easy, and the victim’s severe punishment against the Defendant is against the Defendant, the criminal record of the same kind is one time, etc. However, in full view of the following factors: (a) the Defendant led to the instant crime; (b) the Defendant’s confession and reflects on the victim; (c) deposited 50,000 won for the victim; (d) there was no record of criminal punishment exceeding the fine; and (e) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age and behavior environment; and (b) the circumstances before and after the instant crime, it is

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.