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(영문) 서울남부지방법원 2013.03.28 2012노1932
상해
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the prosecutor is that the punishment imposed by the court below (one million won) is too unfasible and unreasonable in light of various circumstances, such as the fact that the defendant inflicted an injury by assaulting his wife, the fact that the defendant seems to have committed frequent domestic violence except the case in this case, the victim wants to strong punishment against the defendant, and the defendant does not repent his fault.

Therefore, in full view of the following circumstances: (a) the Defendant did not have any specific criminal records for the last twenty years; (b) the Defendant did not focus on the degree of injury inflicted on the victim; and (c) the background leading up to the Defendant’s commission of the instant crime and the progress of the investigation; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (b) other various circumstances that form the conditions for the pleadings and the sentencing indicated in the records, such as the circumstances after the commission of the crime, even considering all the circumstances alleged by the Prosecutor as grounds for appeal, it is not recognized that

Therefore, prosecutor's assertion is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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