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(영문) 수원지방법원 2017.12.14 2017노4050
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal (unfair sentencing) is as follows: (a) in light of the fact that: (b) the Defendant, as a security guard who is likely to smoke in the building parking lot, was subject to restraint from the victim who is a security guard; and (c) the Defendant inflicted an injury upon the victim’s face at hand, it is not good to commit the instant crime; (b) the lower court’s sentence imposing a fine of KRW 3,000,00

2. In full view of the facts alleged in the grounds of appeal, such as the fact that the Defendant recognized the mistake, the fact that there was no record of punishment imposed for the same kind of crime or that there was no record of punishment imposed in excess of the fine, the fact that the injured party expressed his/her intention that he/she would not want the punishment of the Defendant when he/she was in the trial, and other conditions of all the sentencing as indicated in the records and pleadings, such as the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime, degree of damage, and circumstances after the crime, the lower court’s punishment is too uneasible and is not deemed unfair

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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