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(영문) 의정부지방법원 2015.02.04 2014노1337
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two months of imprisonment and two years of suspended execution) is too unfluent and unfair.

2. Determination Doctrine, the Defendant’s previous convictions can be used to commit violence, and the degree of injury inflicted on the victim by committing the instant crime is not somewhat weak, and there are conditions unfavorable to the Defendant.

On the other hand, there are favorable circumstances for the defendant, such as the confession of the crime of this case and the statement that the defendant is divided, and the victim revokes the complaint in the trial (the victim submitted a petition to the effect that the withdrawal of the complaint is null and void, but the revocation of the complaint cannot be revoked, and unless there are any data to deem the withdrawal of the complaint null and void as a bad will expression, the mere fact that the victim submitted the above petition cannot deny the validity of the withdrawal of the complaint).

In full view of the above circumstances and the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive and background of the crime of this case, means and consequence, circumstances after the crime of this case, criminal record, family relation, etc., the sentence imposed by the court below is appropriate and it is deemed unfair as it is so unreasonable. 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 on the ground that it is without merit. It is so decided as per Disposition.

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