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(영문) 인천지방법원 2015.04.24 2014노2212
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two months of imprisonment, one year of suspended execution, one year of community service, and eight hours of imprisonment) is too unfasible.

2. It is recognized that the judgment defendant has a history of being punished by a majority of the crimes of this case, the victim's damage (or injury) caused by the crime of this case is a significant part, the victim's damage has not been recovered, and the victim has not agreed with the victim.

On the other hand, however, the fact that the defendant recognized the crime of this case, that the defendant committed several times of past violent crimes, or that the defendant was sentenced to a fine once for the same crime for the past 20 years, that it was caused by contingent crimes, and that the defendant was deemed to have expanded damage by combining the victim's kings, and that the circumstances pointed out by the prosecutor are deemed to have been determined by imposing a community service order after considering all of the circumstances in the arguments of this case, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, and circumstances after the crime, etc., the sentence imposed by the court below is deemed to be unfair. Thus, the prosecutor's allegation above 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.

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