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(영문) 의정부지방법원 2013.09.27 2013노1043

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is too unhued and unreasonable.

2. The sentencing materials that are disadvantageous to the Defendant include the fact that the Defendant has a same criminal history over several occasions, and that no agreement has been reached between the Defendant and the victim.

However, in full view of all the circumstances, including the Defendant’s age, character and conduct, family relation, environment, occupation, circumstance and contents leading to the instant crime, and circumstances after the crime, the lower court’s sentence cannot be deemed unreasonable, and the prosecutor’s above assertion is without merit, on the ground that the Defendant’s conviction cannot be deemed as being too unreasonable. In so doing, the lower court’s sentence cannot be deemed unreasonable.

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.