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(영문) 울산지방법원 2017.04.28 2017노91
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the prosecutor’s appeal is that the court below’s punishment (one hundred months of imprisonment and two years of suspended sentence) is too unhutiled and unfair.

2. In light of the fact that the Defendant committed the instant crime even though he/she was sentenced to a suspended sentence of two years on November 26, 2015 due to the crime of injury, etc. on several occasions, and was sentenced to a suspended sentence of two years on November 26, 2015 due to the crime of injury, etc., the Defendant committed the instant crime, and the fact that the nature of the crime and the degree and degree of injury are not good enough, is disadvantageous to the Defendant.

Meanwhile, in full view of all the sentencing conditions indicated in the pleadings of the instant case, including the fact that the Defendant committed the instant crime against the depth, that the victim made efforts to compensate the victim for damages, such as additional payment of medical expenses of KRW 18 million to the victim, that the victim wanted to have his wife against the Defendant, that the victim must take into account the case where the judgment is rendered at the same time with the crime of injury, etc. of which judgment became final and conclusive (criminal: six months of imprisonment, and two years of suspended sentence), and that the Defendant’s age, sex, environment, circumstances after the commission of the instant crime, change of circumstances after the sentence of the lower judgment, etc., the sentence of the lower court cannot be deemed to be deemed to be reasonable and reasonable and reasonable, and thus unfair.

Therefore, the prosecutor's above assertion is without merit.

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

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