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(영문) 의정부지방법원 2013.06.21 2013노91

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of seven million won) declared by the lower court is too unhued and unreasonable.

2. The fact that the defendant not only has the same criminal records of the judgment but also has been sentenced to a suspended sentence of imprisonment with prison labor for the criminal facts threatening the victim is the sentencing data disadvantageous to the defendant during the suspended sentence period.

However, in a comprehensive review of all the sentencing factors indicated in the pleadings of this case, such as the fact that the defendant and the victim have reached an agreement, the fact that the defendant is divided into the defendant's mistake, the extent of the victim's injury cannot be said to be serious, and the defendant's age, character, conduct, environment, family relationship, motive and circumstance of the crime, motive and circumstance of the crime, the means and consequence of the crime, etc., the sentence of the court below is too unjustifiable and unreasonable, so the prosecutor's allegation in the grounds for appeal is without merit.

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