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(영문) 의정부지방법원 2013.05.10 2012노2606
상해
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. Determination cannot be deemed that the degree of assault inflicted by the Defendant in the course of inflicting the instant injury on the victim cannot be deemed to be light, and the sentencing materials that did not reach an agreement with the victim are disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant has no criminal records; (b) at the time, the Defendant appears to have caused the instant crime as a reason to suspect an inappropriate relationship between her husband and the victim; and (c) the Defendant’s age, character, conduct, family relationship, environment, occupation, circumstances leading to the instant crime, and details leading to the instant crime; and (d) circumstances leading to the sentencing conditions indicated in the records, such as circumstances after the commission of the crime, etc., the Defendant’s conviction cannot be deemed unfair

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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