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(영문) 수원지방법원 2013.12.05 2013노4186

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (two million won of a fine) is too unhued.

2. Although the defendant committed the crime of this case even though he had the history of punishment for the same kind of crime several times, it constitutes a reason for unfavorable sentencing. However, the prosecutor's assertion is rejected since it is too unreasonable to the extent that the sentencing of the court below should be reversed, considering the overall circumstances that include the fact that the degree of injury of this case is not large, that the defendant repents with mistake, that the defendant is against himself, and that the victim does not want the punishment against the defendant, and that the victim does not want to do so with the consent of the victim.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.