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(영문) 부산지방법원 2016.04.07 2015노3137
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment and two years of suspended sentence) is too uneased and unfair.

2. According to the Defendant’s attitude of disregarding the legal order and judicial authority, each of the instant crimes committed by the Defendant is a situation unfavorable to the Defendant, such as: (a) the Defendant was injured by a female victim; and (b) the Defendant was driving a car under a unauthorized license condition while undergoing the relevant investigation; and (c) the Defendant was punished by a fine on two occasions due to a violation of the Road Traffic Act (unlicensed Driving).

However, taking into account the following circumstances: (a) the Defendant led to each of the instant offenses; (b) the Defendant deposited KRW 2 million for the victim in the first instance trial; and (c) paid KRW 9 million in addition to the first instance trial; and (d) the victim did not want the punishment any longer; (b) the Defendant’s social ties relationship is clear; and (c) the Defendant’s age, sexual conduct, environment, family relationship, means and consequence of the crime; and (d) other circumstances that form the conditions for sentencing as indicated in the instant records and theories, such as the circumstances after the crime, etc., the sentence imposed by the lower court is too unjustifiable and unreasonable.

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.

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