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(영문) 부산지방법원 2017.11.10 2017노2452
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to four million won) is too uneasy and unreasonable.

2. Although the Defendant could not be deemed to have committed violent crimes in the period of suspension of execution due to the same kind of crime even though he had multiple criminal records of violence, considering the various circumstances, which are the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s mistake appears to be a contingent crime, and the Defendant’s failure to take account of the fact that the Defendant’s mistake is against the victim and the victim is expressed as the victim’s front consent, it cannot be said that the lower court’s punishment is too unreasonable and unfair.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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