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(영문) 전주지방법원 2015.07.03 2015노485
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 is too unfasible and unfair.

2. In light of the fact that the crime of this case was committed on the ground that the victim did not have any documentary evidence that the victim should return, thereby causing the victim's injury by force of violence, the crime of this case is not somewhat weak, and that the victim's damage recovery has not yet been properly performed, it is necessary to strictly punish the defendant.

However, it is recognized that the punishment imposed by the court below is too unreasonable in consideration of all the sentencing conditions in the arguments of this case, including the above circumstances, the defendant's age, character and behavior, family environment, etc., and all other sentencing conditions in the arguments of this case, such as the fact that the defendant confessions the crime of this case and reflects the mistake. The crime of this case is contingent when the defendant and the victim are in a dispute with the defendant, and the victim also has an aspect of inducing the crime by stimulatinging the sentiment of the defendant, etc.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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