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(영문) 전주지방법원 2013.11.01 2013노891
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the overall sentencing conditions of the grounds for appeal, the sentence of the lower court (two months of imprisonment, two years of suspended execution, and forty hours of violent therapy) is deemed to be too uneasy and unfair.

2. The crime of this case in determining the grounds for appeal of this case is deemed to have committed an injury to the victim, in consideration of the fact that the defendant committed the crime of this case with approximately two weeks of medical treatment for the victim, and that the defendant did not agree with the victim until the court of first instance, and that the defendant repeatedly committed the crime of this case, despite the fact that he had been punished eight times (two times of actual punishment, one time of suspended execution, and five times of fine) for the same crime.

However, in full view of various sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, criminal records, circumstances leading up to the defendant's crime of this case, means and results, the situation before and after the crime of this case, and the degree of damage is relatively minor, and the defendant deposited KRW 1,50,000 for the victim at the court below, and there is no record of punishment exceeding the fine since 1996, and there is no record of punishment by the defendant. In full view of various sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case, such as the defendant's age, character and behavior, environment, criminal records, circumstances leading

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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