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(영문) 부산지방법원 2014.04.24 2013노3701

상해

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (2 million won of fine) is too unhued and unfair.

Judgment

The crime of this case is a case in which the victim suffered injury on one occasion due to beer disease, and the nature of the crime is not weak, and the defendant has been subject to criminal punishment several times prior to the crime of this case. In particular, even though he was sentenced to imprisonment for the same kind of crime and was under two years and six months due to the same crime, the defendant committed the crime of this case, etc., which is disadvantageous to the defendant, or is in profoundly against the defendant, or he committed the crime of this case by agreement with the victim. The defendant does not want to be punished against the defendant. The defendant appears to have caused the crime of this case by contingency, the degree of injury is relatively excessive, and the defendant's motive and circumstance of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and behavior, and environment, etc. are considered, and it does not seem that the court below's sentencing is too unjustifiable.

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 groundless. It is so decided as per Disposition.