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(영문) 울산지방법원 2016.09.30 2016노1089
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment, two years of suspended execution, observation of protection, and 80 hours of social service) is too unfasible and unreasonable.

2. The judgment of the defendant was made on the ground that he calculated Maart employees and told them that they would be drinking, and was suffering from an injury to employees, which is a dangerous object, and in addition, he took drinking and spawn in the main place of the crime. In light of the criminal law, it is highly likely that the legal order is light, such as the poor nature of the crime, the past 14 times (including the suspended execution once) criminal records, and the fact that the defendant did not agree with the victims until the trial of the party, etc. are disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant divided his mistake into two parts; (b) the instant injury and special assault appears to have been committed by the Defendant under the influence of alcohol; (c) the degree of damage to the victims seems not significant; (d) the observation of protection ordered by the lower court and the community service order alone appears to have a certain effect on the prevention of recidivism; (c) there is no circumstances or change of circumstances that may be newly considered in sentencing after the lower judgment was rendered; and (d) other circumstances that form the conditions for sentencing as specified in the records and trial process, such as the Defendant’s age, sex, family environment, background leading to the instant crime; and (e) circumstances after the commission of the crime, etc., the lower court’s punishment cannot be deemed to have been unfair, and thus, the Prosecutor’s

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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