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(영문) 서울북부지방법원 2015.06.24 2015노503

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for six months, one year of suspended sentence, one year of probation, and one hundred and twenty hours of community service) of the court below is deemed to be too uneasible and unfair.

2. In light of the following: (a) under the influence of alcohol, the nature of the crime committed by assaulting a victim on the ground that he/she was at the time of entering a mobile phone store for the operation of the victim and reported to the police; (b) the degree of assault is not less than that of the victim; (c) the Defendant’s conviction was unfavorable to the Defendant; (d) the Defendant was led to the confession of the Defendant; (e) the Defendant did not have any criminal record of imprisonment or heavier punishment due to the commission of the crime committed by assault; (b) the Defendant was detained for a period of two months; (c) the Defendant deposited one million won for the victim at the court of the lower judgment; and (d) the Defendant’s age, character and conduct, the environment, and the background and consequence of the instant crime; and (e) all of the sentencing conditions

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.