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(영문) 인천지방법원 2015.01.30 2014노3814
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal: (a) when the Defendant was found to collect electricity charges in arrears several times, the Defendant did not reach an agreement with the victim with significant and violent crimes; and (b) when considering that the Defendant was already punished for multiple violent crimes, the Defendant’s imprisonment (six months of imprisonment and two years of suspended execution) is too unfasible and unreasonable.

2. Taking into account the circumstances asserted by the Prosecutor, the degree of injury suffered by the victim is relatively relatively less and less, and the Defendant deposited KRW 500,000 for the victim.

In addition, there is no record that the defendant reflects his mistake and has been punished for the same crime.

In full view of such circumstances as the circumstances favorable to the Defendant, the motive, background, means and consequence of the instant crime, the circumstances after the instant crime, the Defendant’s age, health status, family relationship, and environment, etc., the sentence imposed by the lower court cannot be deemed as being excessively uneasible and unreasonable.

The prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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