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(영문) 수원지방법원 2014.11.24 2013노5985

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five months of imprisonment and two years of suspended execution) is too unhued and unreasonable.

2. In full view of the following factors: (a) the Defendant is going to not re-offending his mistake in depth and again; (b) the damage caused by the instant case is not so significant; (c) the Defendant has no record of punishment exceeding the fine for the past ten years; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime; and (e) all the sentencing factors indicated in the instant pleadings, including the Defendant’s motive and circumstance before and after the instant crime, etc., given that the Defendant may have the ability to punish the same kind of crime, the lower court’s sentence is deemed unreasonable.

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