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(영문) 수원지방법원 2016.11.18 2016노5048
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's punishment (limited to four months of imprisonment, one year of suspended execution, one year of probation) is too unhued and unreasonable;

2. The degree of injury suffered by the victim is relatively heavy, and there are unfavorable circumstances such as the same criminal record and many criminal records.

However, considering various sentencing conditions, such as the fact that the crime is recognized and reflected, the agreement with the victim, and the defendant's age, character and conduct, environment, details of the crime and degree of damage, the circumstances after the crime, etc., the sentence of the court below cannot be deemed unfair because it is too uneasible.

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

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