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(영문) 광주지방법원 2016.11.03 2016노702
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of this case was committed by the defendant by assaulting the victims without any special reason, and it is not good to commit the crime.

The Defendant had a record of criminal punishment over a number of times for the same crime, and furthermore, the Defendant again committed the instant crime without any reflective nature despite the period of repeated crime due to the same crime.

On the other hand, the following conditions are favorable.

The Defendant’s unlawful nature of the instant assault itself is not serious.

The victims and victims do not want to punish the defendant by mutual consent.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, the 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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