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(영문) 서울동부지방법원 2015.07.10 2015노351
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of imprisonment for a term of six months and two years of probation and one hundred and sixty hours of community service) is too unhued and unreasonable;

2. In light of the following: (a) the court below’s sentence of suspended execution and the court below’s sentence added a community service order cannot be deemed unfair because the Defendant’s punishment is too uneasible, even though the Defendant did not reach an agreement with the victim; (b) the Defendant committed the instant crime by contingency; (c) the Defendant’s frequency of assault is limited to one time; and (d) the Defendant did not have any previous conviction.

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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