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(영문) 인천지방법원 2013.04.19 2012노3724
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of two million won) declared by the lower court is too unhued and unreasonable.

2. Although there was no agreement with the victim on the judgment, the defendant did not have the same criminal records, the result of the crime in this case is not significant, the sentence against the defendant is determined in full consideration of the various circumstances as seen earlier, and there is no change of circumstances that could vary between the court below and the punishment in the trial. In full view of the various circumstances, including the defendant's age, character and behavior, environment, family relationship, criminal record relationship, circumstances after the crime, motive and circumstance of the crime, etc., the court below's sentence imposed on the defendant cannot be deemed to be unfair, since the defendant's punishment is too uneasible. Thus, the prosecutor's assertion 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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