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(영문) 부산지방법원 2014.07.11 2014노952
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 5 million imposed by the court below to the defendant is too unhutiled.

2. Determination of the crime of this case is acknowledged that the crime of this case committed by assaulting the victim of the aged for about five weeks, resulting in injury requiring medical treatment, and that the crime of this case is poor, and that the defendant has a record of criminal punishment on several occasions for the same crime, such as violence, assault, and injury, and that the defendant committed the crime of obstruction of business committed during the period of repeated crime even though he was sentenced to a fine on September 10, 2013 by the Busan District Court, and committed the crime of this case again at one month only without the person even though he was sentenced to a fine on September 10, 2013.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and agreed with the victim; (b) the victim expressed his intention not to punish the Defendant; and (c) the Defendant’s age, environment, occupation, occupation, family relationship; (b) circumstances leading to the instant crime; and (c) circumstances before and after the instant crime, etc., the lower court’s punishment cannot be deemed unreasonable as it is frightened.

Therefore, prosecutor's assertion is without merit.

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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