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(영문) 인천지방법원 2016.06.16 2015노4567
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (4 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The determination does not lead to an agreement that the Defendant did not agree, even though the Defendant, who received the victim’s eggs, received the victim’s frying part, and received the victim’s frying part, with approximately four weeks of treatment, on the other hand, on the part of the victim’s bones.

However, the crime of this case was committed by the Defendant, while the Defendant was in drinking with C, by misunderstanding the Defendant as a mobile phone larceny, thereby taking into account the circumstances leading up to the crime.

In the process of body fighting, Defendant also suffered injuries such as knee, knee, knee, knee, etc.

Since 198, the Defendant did not have any history of crime subject to punishment, and recognized the crime of this case, the Defendant committed a mistake.

In addition, in full view of various circumstances, such as the Defendant’s age, sex, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment appears to be appropriate, and it is not recognized that it is unfair because it is too low.

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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