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(영문) 수원지방법원 2017.04.13 2017노925

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s appeal grounds (unfair sentencing) has the record of committing a crime forwarded to the Juvenile Department due to the same kind of crime, and the defendant was sentenced to a suspended sentence of ten months on December 10, 2014 to a violation of the Punishment of Violences, etc. Act (joint injury) in the Sungnam branch support by the Suwon branch of Suwon branch of Suwon branch of Suwon branch of the Republic of Korea, and committed the instant crime during the suspended sentence period, and the victim committed the instant crime during the suspended sentence period. In light of the fact that the victim suffered from an injury requiring four weeks medical treatment due to the instant crime, the sentence of the court below that sentenced one year to imprisonment is too

2. The judgment of the court below recognized the defendant's mistake and reflects the defendant's intention that the victim E does not want the defendant's punishment, and the defendant was sentenced to 10 months of suspended sentence on December 10, 2014 to the crime of violation of the Punishment of Violences, etc. Act (joint injury) in the Sungnam branch support in Sungnam branch of Suwon branch of Suwon branch of Suwon branch of the court below, and committed the crime of this case during the suspended sentence period. The court below appears to have determined the punishment by reflecting these circumstances in sentencing. In full view of all the conditions of sentencing as stated in the records and arguments of this case including age, sex, environment, degree of damage, and circumstances after the crime, even if considering the circumstances alleged in the grounds for appeal, the court below's punishment is too unfasible and unfair, and the above argument is without merit.

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