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(영문) 수원지방법원 2015.01.08 2014노3733
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds of appeal in this case’s sentencing conditions, the lower court’s punishment (five months of imprisonment, one year of suspended sentence, one year of community service order, and eight hours of community service order) is deemed to be too uneasy and unreasonable.

2. The judgment of the court below is based on the following factors: (a) the degree of injury suffered by the victim, such as the victim's in a crisis of real name, is considerably significant; (b) the victim's mental suffering seems to be considerable; (c) the victim still desires a severe punishment against the defendant; (d) the defendant is committed a crime disadvantageous to the defendant; (e) the defendant is divided into his own crime; (e) the defendant has committed a contingent crime; (g) the defendant also was abused by the victim; (e) the defendant deposited KRW 10 million for the victim; (g) the defendant was the first offender who has no power to commit the crime before the crime in this case was committed; and (g) other various factors stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, character and conduct, as shown in the records and arguments of this case, are considered as being too uncom

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.

(However, in accordance with Article 25 of the Rules on Criminal Procedure, the "victim E" of the second line shall be corrected to "victim H" ex officio below the original decision.

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