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(영문) 인천지방법원 2016.11.25 2016노3335
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for six months, suspension of execution for two years, probation, community service, 80 hours for community service, and 40 hours for violent therapy) of the lower court against the Defendant is unreasonable.

2. The instant crime was committed by the Defendant without any discrimination against the taxi articles on board, and the nature of the crime is not good, and it is not agreed with the victim, and there is a majority of the Defendant’s violent force, etc. However, it is unfavorable for the Defendant to have committed the instant crime under the influence of alcohol. Meanwhile, the Defendant appears to have committed the instant crime under the influence of alcohol, the degree of injury to the victim is relatively heavy, the Defendant did not have any record of punishment for the last seven years, and in light of other various circumstances that form the sentencing conditions indicated in the record, such as the Defendant’s age, character and behavior and environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., 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 on the ground that it is without merit. It is so decided as per Disposition.

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