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(영문) 울산지방법원 2017.04.21 2016노2235
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. The judgment of the court below is based on the following facts: the crime of this case was committed by the defendant on the ground that the defendant was dead, causing bodily injury to the victim, etc.; and the crime of this case was committed in light of the circumstances of the crime, the method and the part of the injury, etc., which are not good, is disadvantageous to the defendant.

On the other hand, the degree of injury is relatively minor, the defendant reflects the wrongness while committing the instant crime, and there is no record of punishment of a fine of KRW 500,000 in the same kind or suspension of execution or more, except for the punishment of a fine of KRW 500,00,00 for violent crime in 201. In full view of all the sentencing conditions of the instant argument, including the defendant's age, sex, environment, circumstances after the crime, changes in circumstances after the decision of the court below, etc., the sentence of the court below seems to be within a reasonable and appropriate scope, and it cannot be deemed unfair because it seems unfair.

Therefore, the prosecutor's above 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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