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(영문) 광주지방법원 2015.10.08 2015노1948
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unfased and unreasonable.

2. Each of the instant crimes committed by the Defendant, by assaulting the victim (here 75 years of age) who is vulnerable to the crime, suffered injury to the victim, such as a boom, which requires treatment for about two weeks, and at the same time interfere with the restaurant business of the victim, and the damage of the victim’s property is not appropriate in light of the Criminal Procedure Act and the degree of damage, and the Defendant has the record of having been punished several times for the same crime. In particular, the Defendant did not know even if he was under the suspension of the execution of imprisonment with prison labor for the same kind of crime, and repeated the instant crime without having been sentenced to the suspension of the execution.

However, in light of the favorable circumstances such as the Defendant’s mistake, the Defendant’s mistake, the treatment for alcohol alcohol, and the fact that the victim does not want the punishment of the Defendant in the appellate trial, and the age, character and conduct, the environment, the circumstances and result of the instant crime, and all of the sentencing conditions in the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is too uneasible and unreasonable. Thus, the prosecutor’s allegation above is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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