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(영문) 광주지방법원 2014.02.05 2013노2677
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence that sentenced a fine of KRW 5 million is too unfeasible in light of the following: (a) the summary of the prosecutor’s grounds for appeal (e.g., the Defendant was able to have the same criminal history as the Defendant; and (b) the Defendant committed

2. However, considering the motive and background leading up to the crime of this case, the circumstances before and after the crime of this case, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, etc., including the factors favorable to the Defendant, which are the lower court’s favorable sentencing factors and unfavorable sentencing factors, the lower court’s sentence cannot be deemed to be unfair because it is too unreasonable, even considering the circumstances alleged in the grounds for appeal. Thus, the above assertion

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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