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(영문) 서울동부지방법원 2014.07.24 2014노522
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal, the record of the Defendant’s crime, and the fact that the crime of this case originated from the time between neighbors due to inter-floor noise, etc., the punishment of the lower court (one million won of a fine) is too uneasible and unfair.

2. The judgment of the court below was made prior to the suspension of execution as well as the fine by violence, and the crime of this case was derived from the trial expenses due to inter-floor noise between neighboring areas. However, while the victim sought again the defendant who resisted to the noise between floors, the victim gets out of the victim again, and the victim gets out of drinking first by drinking flabing flab, the victim does not want the punishment of the defendant at the court below, taking into account the defendant's age, character and behavior, environment, motive and means of the crime, result, circumstances after the crime, etc., it is not determined that the sentence imposed by the court below is too unreasonable.

An appeal by a public prosecutor shall be groundless.

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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