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(영문) 인천지방법원 2015.11.27 2015노1060

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (6 million won of a fine) declared by the court below against the defendant is too unfluent.

2. In full view of all the circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., and the conditions for the pleadings and the sentencing indicated in the record, the sentence imposed by the lower court is deemed to be adequate, in view of the following: (a) the Defendant committed the instant crime at a disadvantage; (b) the Defendant recognized the instant crime and reflects the Defendant despite the suspension of the execution period for the same crime; (c) the degree of injury to the victim due to the instant crime; and (d) the Defendant’s age, character and conduct; (d) the motive and means of the instant crime; and (e

Therefore, the prosecutor's assertion of unfair sentencing 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.