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(영문) 수원지방법원 2015.05.28 2014노7254

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s appeal grounds (e.g., the Defendant committed each of the instant offenses during the repeated crime period; the Defendant was sentenced to four months of imprisonment for the same crime in the Suwon District Court Eunpyeong Housing Site on November 28, 2013; and all of the instant offenses were committed by the other party and the victim of the injury while drinking alcohol, and the Defendant expressed his/her intent that he/she does not want the Defendant’s punishment due to the difference between the Defendant and the victim of the injury, and the degree of damage to the victim of the assault is not mitigated. In light of the above, the lower court’s sentence imposing a fine of KRW 5 million is unreasonable.

2. In light of the motive and background of each of the crimes of this case, circumstances before and after the commission of the crime, degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's character, character, environment, etc., the court below's sentence is not judged to be unfair even if all of the circumstances alleged in the grounds for appeal are considered, since it is not determined that the sentence of this case is unfair, considering all of the circumstances alleged in the grounds for appeal. Thus, the above argument is without merit.

3. The prosecutor’s appeal of conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that there is no ground for appeal by the prosecutor.