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(영문) 춘천지방법원 강릉지원 2016.05.12 2016노62
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (unfair sentencing) is that the lower court’s punishment (two years of suspended sentence in the month of imprisonment with prison labor, surveillance of protection, community service 120 hours, and 40 hours of alcohol treatment lectures) is too uneasy and unreasonable.

2. Although the judgment is based on the following circumstances: (a) even though there are many criminal convictions for the Defendant, there are no criminal convictions but to be sentenced to punishment; (b) the degree of injury is relatively minor; and (c) the Defendant’s age, sex behavior, environment, motive, means and consequence of the crime; and (d) other circumstances that form the conditions for sentencing as indicated in the instant case, such as the circumstances after the crime, the lower court’s punishment cannot be deemed as unfair

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion 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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