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(영문) 서울동부지방법원 2016.06.30 2015노1447
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible that the sentence (five million won penalty amount) imposed on the defendant is too unfased.

2. Examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court against the Defendant is appropriate, and it does not seem unfair because it is too unfasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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