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(영문) 서울동부지방법원 2014.10.30 2014노858
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of eight months and the suspension of execution of two years) declared by the court below is too unhued and unreasonable.

2. It is disadvantageous to the defendant in sentencing for the following reasons: (a) the defendant has a number of records of committing violent crimes against the defendant several times; and (b) the victims have not agreed with police officers.

However, in full view of the following circumstances: (a) the Defendant led to the confession of a crime; (b) agreed with the victim of an injury case; (c) deposited KRW 1 million for the victim of the obstruction of performance of official duties; (d) the Defendant did not have the power to commit a crime exceeding the fine; and (d) the Defendant was detained for more than one month at the lower court, and appears to have the time to be in mind; and (d) other circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc.

The prosecutor's assertion of unfair sentencing is without merit.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition.

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