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(영문) 부산지방법원 2016.07.06 2015노2836

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The crime of this case was committed on February 15, 2015 when considering the fact that the Defendant was sentenced to two years of imprisonment with prison labor due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jeonju District Court on March 21, 2013 and committed the crime of this case while the execution of the above punishment was completed on February 15, 2015, it is necessary to impose strict liability on the Defendant corresponding to the crime of this case.

I see that it is.

However, in full view of the following: (a) the Defendant led to the instant crime; (b) the Defendant committed the instant crime; (c) the victim did not want punishment against the Defendant by mutual agreement with the victim; and (d) the Defendant’s age, career, sexual conduct, environment, motive and background of the instant crime; (b) the method and method of the crime; and (c) the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too uneasible and unfair.

Therefore, the prosecutor's above assertion is not accepted.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.