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(영문) 광주지방법원 2016.01.07 2015노1804
상해
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (two years of suspended execution for eight months of imprisonment, one hundred and sixty hours of community service) of the lower court is deemed to be too uneasy and unfair.

Judgment

The fact that the defendant has already been convicted of three times of violent crimes, the degree of injury of the victim is not less and not yet agreed with the victim is an unfavorable sentencing factor.

However, when comprehensively considering the following factors: (a) the Defendant is recognized as committing the instant crime and the Defendant has no previous conviction exceeding the fine; and (b) other favorable sentencing factors, such as the background of the instant crime; (c) circumstances after the instant crime; (d) the Defendant’s age; (e) the Defendant’s age; and criminal records; and (e) various sentencing materials presented during the pleadings; and (e) the scope of recommended sentences according to the sentencing guidelines of the sentencing committee (general injury Type 1 (general injury basic area: 4 months to 1 year and 6 months); and (e) the lower court’s punishment is deemed unreasonable because the Defendant’s punishment is too uneasible.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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