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(영문) 광주지방법원 2015.04.30 2014노1765
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.

2. The judgment of the accused committed the instant crime without being aware of the fact that he/she had been punished several times for the same crime, and committed the instant crime without being aware of the fact that he/she committed the instant crime, even though he/she was sentenced to a suspended sentence of imprisonment with labor for general goods and fire prevention by attaching it to the species of the victim’s possession in around 2013.

However, in consideration of the favorable circumstances, such as the fact that the defendant's mistake is divided and reflected, the criminal records of the defendant, including the crime in this case, most of the criminal records of the defendant, which the defendant committed a contingent crime while under the influence of alcohol in the future, and the defendant does not want to repeat again through alcohol addiction treatment, the victim does not want to punish the defendant, and the degree of damage to the victim is not severe, and all the sentencing conditions of the defendant in this case, such as the age, character and behavior, the circumstances and results of the crime in this case, and the circumstances after the crime, etc., the court below's punishment is too unreasonable, and the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, on the second page of the decision of the court below, the phrase “Article 70(1), (2), and Article 69(2) of the Criminal Act” in Part 9 is a clerical error in the phrase “Article 70(1) and Article 69(2) of the Criminal Act.” Thus, it shall be corrected in accordance with Article 25 of the Rules on Criminal Procedure.

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