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(영문) 서울동부지방법원 2016.10.14 2016노594
상해
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the prosecutor is that the sentence of the court below (one year of imprisonment with prison labor for four months and one year of suspended execution) imposed on the defendant is too unfeasible, in light of the fact that the defendant had been convicted of five times of violence and has not been agreed with the victim.

In light of the above circumstances asserted by the Prosecutor, it is necessary to strictly punish the Prosecutor.

The victim shall be also responsible for the occurrence of the crime, and the defendant shall not have any criminal record of suspended execution or more.

In addition, comprehensively taking account of various circumstances that are conditions for sentencing, such as the Defendant’s age, environment, motive for committing an offense, and the degree and degree of injury, the sentence of the lower court cannot be deemed as being too uneasible and unreasonable.

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

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