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(영문) 부산지방법원 2017.11.17 2017노3028
특수상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s sentence (one year of imprisonment, two years of suspended sentence, observation of protection, and community service order 200 hours) is too unhued and unreasonable.

2. The fact that the degree of injury suffered by the victim was not somewhat weak, but did not reach an agreement with the victim until the judgment was rendered, and that no agreement is reached with the victim is disadvantageous to the defendant.

However, there is a possibility of edification and improvement as the young age of 21 years old that recognizes and reflects crimes, there is no record of criminal punishment, and that there is no possibility of criminal punishment.

In full view of the favorable circumstances such as the appearance of the Defendant, and other favorable conditions of sentencing, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it is difficult to deem the lower court’s punishment to be too uneasible

Therefore, the prosecutor's above argument of sentencing is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the prosecutor’s appeal is without merit, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, since it is obvious that “D police interrogation protocol” in the summary of the evidence of the judgment below is a clerical error in the “police interrogation protocol against D”, and thus, it is to be corrected ex officio under Article 25(1) of the

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