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(영문) 울산지방법원 2013.07.26 2013노291

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the overall circumstances of this case, the sentence imposed by the court below on the defendant is too uneasible and unfair.

2. In full view of all kinds of sentencing conditions, including the fact that the defendant does not reflect his fault, but the defendant committed the crime of this case by contingently in the course of suppressing the victim entering his own house, the degree of injury of the victim is relatively minor, the victim does not have to punish the defendant, the defendant does not have to have any criminal power or qualification suspension or more punishment power due to the same criminal act, the defendant does not have any criminal power or more punishment power due to the same criminal act, and other sentencing conditions, such as the defendant's age, character and behavior, environment, and circumstances after the crime, the prosecutor's assertion 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.

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, Article 247(1) of the Criminal Act shall be corrected as "Article 257(1) of the Criminal Act" in Part 7 of the second sentence of the judgment of the court below ex officio.