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(영문) 인천지방법원 2014.02.07 2013노3396
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendant (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unhued and unreasonable.

2. In light of the fact that the crime of this case was committed by the defendant's head, knee, knee, knee, who wears a safety cap at a V and snife, resulting in the injury of the victim at the right 9 to the right side which requires four weeks medical treatment, and the nature and degree of the crime is bad in light of the nature of the injury and its degree, and that the defendant did not agree with the victim up to the trial, it is necessary to punish the defendant strictly.

However, in full view of the following: (a) the Defendant recognized the instant crime and reflects his mistake; (b) the Defendant appears to have committed the instant crime in a timely or contingent manner at the victim’s repeated pasium; (c) the Defendant did not have any history of punishment in the Republic of Korea; (d) the Defendant paid 1 million won to the victim as compensation for damage; and (e) other motive or circumstance leading to the instant crime; (b) the Defendant’s age, happiness family environment; and (c) the circumstances before and after the instant crime; and (d) the sentencing conditions specified in the records and arguments, such as records and arguments, the lower court’s sentence against the Defendant

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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