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(영문) 의정부지방법원 2013.08.23 2013노870
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of 300,000 won) declared by the lower court is too unhued and unreasonable.

2. The fact that the Defendant and the victim did not reach an agreement is sentencing data disadvantageous to the Defendant.

However, in full view of all the circumstances such as Defendant’s age, character and conduct, family relation, environment, occupation, circumstance and contents leading to the instant crime, circumstance after the crime, etc., the sentence of the original judgment cannot be deemed to be too unreasonable, and thus, the degree of interference with business cannot be deemed to be serious, and the degree of interference with business of the Defendant cannot be deemed to be a serious degree, and the victim also appears to be responsible for a certain degree of the occurrence of the instant crime. In full view of all other circumstances that form the sentencing conditions indicated in the records, such as the Defendant’s age, character, family relation, environment, occupation, circumstance and contents leading

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.

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