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(영문) 수원지방법원 2015.10.15 2015노2711
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 5,00,000 (the fine of KRW 5,000) is too unhued and unreasonable.

2. It is true that the instant case prevents the Defendant from committing an injury and prevents a police officer from performing his/her official duties by receiving a report. It is true that the Defendant’s liability for the crime is not easy.

However, in full view of the following: (a) the Defendant committed the instant crime in depth and did not repeat again; (b) appears to have committed the instant crime in contingency and impulsely under the influence of breathing; (c) the victims do not want to be punished against the Defendant; (d) the victims do not want to have any particular criminal records other than those subject to three criminal punishment prior to ten (10) years; and (e) there are no same criminal records other than the Defendant’s age, character and behavior, environment, family relationship, motive and circumstance of the instant crime; and (e) all of the sentencing conditions indicated in the pleadings, such as the Defendant’s age, character and behavior, family relationship, motive and circumstance after the crime, etc., the Prosecutor’s above assertion is not acceptable, as it is deemed unfair since

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

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