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(영문) 울산지방법원 2013.07.19 2013노283
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (such as a fine of five million won) declared by the lower court is too unfluent and unreasonable.

2. The judgment is an unfavorable circumstance to the Defendant, such as the Defendant’s appearance of correspondence with the victim, and the Defendant was sentenced to a suspended sentence of one year for the violation of the Military Service Act at the Ulsan District Court on September 13, 2012, and committed the instant crime during the suspended sentence of one year for the violation of the said Act.

However, in full view of the fact that the defendant's mistake is divided, and the victim does not want the punishment of the defendant, that there is no criminal record, such as assault or injury, and that there is no other same criminal record, and all the sentencing conditions in the records and arguments, such as the age, character, conduct and environment of the defendant, the punishment imposed by the court below is too uneasible and unfair.

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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