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(영문) 수원지방법원 2015.07.03 2015노914
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

2. The fact that the defendant can have the same criminal records, the fact that the defendant appeared to commit the crime of this case during the period of repeated crime due to the same criminal records, and the fact that the circumstances leading to the defendant's injury are poor and the degree of injury to the victim is relatively heavy is that the defendant is disadvantageous to the defendant.

However, considering all of the circumstances alleged by the prosecutor, the lower court’s sentencing is too unjustifiable, even if considering the motive and background of the instant crime, Defendant’s age, character and conduct, environment, etc., and the conditions of sentencing as shown in the oral argument, it is not recognized that the sentencing of the lower court is too unjustifiable even if it is considered that the Defendant’s family members endeavor to return to society, such as the Defendant’s confession of the instant crime, the fact that the Defendant agreed smoothly with the victim at the lower court, the Defendant passed the examination announcement after the completion of his uniforms, and the Defendant’s family members endeavor to prevent recidivism.

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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