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(영문) 전주지방법원 2013.08.09 2013노352
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the overall sentencing conditions in the grounds for appeal, the sentence of the lower court (fine 4,000,000) is too uneased and unreasonable.

2. The crime of this case in determining the grounds for appeal is a matter of damages against the case of a vehicle that the defendant committed prior to the crime of this case, which caused an injury to the victim in need of about four weeks of medical treatment in consideration of the nature of the crime and the circumstances of the crime. The defendant committed the crime of this case during the suspended execution period of three years of imprisonment with prison labor for a year of May 19, 201 with respect to the case of the above vehicles for escape, being sentenced to a suspended execution of three years of imprisonment with prison labor on the same day of May 19, 201, and the defendant committed the crime of this case during the suspended execution period of three times, and the defendant has the records of punishment for the same crime not only three times but also for the same crime.

However, in full view of the following facts: (a) the Defendant recognized all of the instant crimes, and is in violation of depth; (b) the instant crimes are not identical to the instant suspended sentence; (c) the Defendant deposited KRW 1,00,000 for the victim at the lower court; (d) the Defendant deposited KRW 1,000 for the victim; and in particular, when considering the Defendant’s age, character and conduct, environment, criminal records, criminal records, circumstances leading the Defendant to the instant crime, means and consequence; and (e) other factors of sentencing as indicated in the instant records, such as the circumstances before and after the instant crime, etc., the lower court’s sentence is too uneasible and unreasonable; and (e) the Prosecutor’s allegation of unfair sentencing is

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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