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(영문) 서울중앙지방법원 2015.10.29 2014노4159
상해
Text

The prosecutor's appeal is dismissed.

Reasons

The prosecutor asserts that, on the grounds of the appeal of this case, the sentence of the court below (the fine of KRW 5,000,000) against the defendant is too unhued and unreasonable.

However, even though the nature of the crime of this case, which caused the injury by assaulting the aged victim without any special reason, the victim does not want the punishment of the defendant, and the injury does not seem to be relatively serious.

In full view of the aforementioned circumstances, the court below’s sentencing cannot be deemed unfair because it goes beyond the reasonable scope of discretion and is too unreasonable, in light of the following circumstances: (a) the background and method of the instant crime; (b) the degree of damage and the recovery of damage; (c) the motive for the crime; (d) the history of punishment; and (e) the Defendant’s age, character and conduct, career, home environment, etc.; and (e) the overall circumstances that form the conditions

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit.

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