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(영문) 춘천지방법원 강릉지원 2014.12.02 2014노470
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (six months of imprisonment, two years of suspended execution, and two years of probation) is too unhued and unreasonable;

2. The judgment of the defendant committed the instant crime even though he/she had been punished several times due to the same crime, and the fact that he/she denied the crime, and did not make efforts to recover damage, etc. is disadvantageous to the defendant.

On the other hand, it is reasonable to take into account the fact that the degree of damage suffered by the victim due to the instant crime is relatively less severe, and that the Defendant is a general beneficiary and a person with disabilities of grade 6 who is physically handicapped, is not in good condition.

In addition to the above various circumstances, comprehensively taking account of the Defendant’s age, character and conduct, motive for the instant crime, means and consequence of the instant crime, etc., the lower court’s punishment cannot be deemed as being too uneasible and unreasonable.

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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