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(영문) 인천지방법원 2015.05.22 2015노441

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment (two months of imprisonment, two years of suspended execution, and forty hours of community service) imposed by the court below against the defendant is too unfasible.

2. In full view of all the circumstances, including the fact that the defendant was punished several times for the same crime, the fact that the defendant did not agree with the victim, the defendant recognized the crime of this case, the fact that the defendant deposited a certain amount for the victim, the defendant did not have any record of punishment exceeding the fine, the degree of injury to the victim, the character and conduct of the defendant, the character and environment of the defendant, the motive and means and results of the crime of this case, and the circumstances after the crime, etc., the sentence imposed by the court below against the defendant is deemed appropriate.

Therefore, the prosecutor's assertion of unfair sentencing 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.