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(영문) 서울동부지방법원 2016.12.01 2016노913
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The following facts are considered: (a) the Defendant committed the instant crime during the grace period after having been sentenced to a suspended sentence due to the fact that the Defendant had a lot of punishment power including violence, obstruction of performance of official duties, etc.; (b) the Defendant committed the instant crime; (c) the Defendant and the victim are against one another; (d) the Defendant and the victim were under the influence of alcohol; and (e) the Defendant agreed to commit the instant crime on the day of the instant case; (c) the Defendant additionally remitted KRW 500,000 to the victim at the lower court’s stage; (d) the Defendant sent the victim an additional amount of KRW 500,00 to the victim; and (e) the Defendant appears to be relatively faithful to the meeting of the probation office in accordance with the above suspended sentence; and (e) the Defendant appears to be relatively faithful to the Defendant’s age, character and conduct, environment, background and consequence of the instant crime; and (e) all other circumstances constituting the conditions of sentencing as shown in the records and arguments

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

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