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(영문) 부산지방법원 2017.10.13 2016노3117
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered is too unfasible and unfair.

2. Although there was a history of criminal punishment several times due to judgment violent crimes, the crime of injury has been committed, and the criminal investigation has been conducted by forging and using a friendly signature, thereby resulting in confusion in the investigation. The liability for such crime is not easy, and no agreement has been reached with the victim of the crime of injury, etc. are the circumstances unfavorable to the defendant.

However, in full view of the facts that all of the crimes are recognized, equity in sentencing with similar cases that are favorable to the fact that there is no previous conviction exceeding the fine, and other various sentencing conditions, such as Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., it is difficult to view that the lower court’s punishment is too uneasible and unfair.

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

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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