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(영문) 전주지방법원 2016.10.21 2016노1099
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months, one year of suspended sentence, one year of community service order) of the lower court is too uneased and unreasonable.

2. The crime of this case is a case where the victim takes a face on the ground that the victim took a bath, etc., and the victim suffers from an influence around the snow that requires treatment for about two weeks, and the nature of the crime is not weak, and even though the defendant had already been subject to criminal punishment of suspended execution due to the same crime, the crime of this case is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflects the mistake, that the court below did not want the punishment of the defendant, and that the degree of injury suffered by the victim due to the crime of this case cannot be deemed to have been serious, is favorable to the defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, 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. It is so decided as per Disposition.

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