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(영문) 의정부지방법원 2013.09.05 2013노1024
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (2.5 million won of a fine) is too unhued and unreasonable.

2. The court below's sentence against the defendant is unreasonable in light of the circumstances leading up to the crime of this case, such as the defendant's age, character and conduct, method of crime, circumstances after the crime of this case, etc., although it is acknowledged that the defendant did not reach an agreement, the crime of this case is contingent, that the defendant was the first offender, that the victim did not pay attention, that the defendant did not actively use violence against the victims, and that the defendant appears to have actively exercised his body in the process of fighting, rather than actively exercising violence against the victims, and that the defendant's mistake is against the victim, and other factors leading to the crime of this case such as the defendant's age, character and conduct, circumstances after the crime of this case, etc.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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