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(영문) 전주지방법원 2014.11.21 2014노1001
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (a fine of eight million won) against the Defendant in the summary of the grounds for appeal is deemed to be too unhued and unreasonable.

2. Considering the fact that the instant crime was committed by the Defendant under the influence of alcohol and assault against police officers, which is not good in the nature of the crime, that there was a record of having been sentenced twice a suspended sentence due to the same kind of crime, and that the instant crime was committed again during the suspended sentence period, the Defendant is subject to strict punishment.

However, in full view of the following circumstances: (a) the fact that the Defendant recognized the crime, the damage caused by the instant crime is not relatively large; (b) the Defendant deposited a certain amount for the victim D at the lower court; and (c) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the instant crime, etc., the lower court’s punishment is too uneasible and unreasonable; and (c) thus, the Prosecutor’s allegation of unfair sentencing 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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