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(영문) 서울북부지방법원 2015.12.11 2015노1345
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, one year of probation, one year of social service, 80 hours) is too unfunied and unreasonable;

2. In light of the fact that the Defendant’s past punishment accumulated, and the risk of the instant crime was very high, the prosecutor’s arguments that the Defendant’s liability for the crime was heavy may be acceptable in light of the fact that the Defendant’s punishment was not imposed. However, on the other hand, the Defendant’s punishment was not imposed, and the Defendant’s age, character and conduct, and family environment are not determined as being too unreasonable when examining various sentencing conditions indicated in the pleadings, such as the Defendant’s age, character and conduct, and home environment.

Therefore, the prosecutor's assertion is not accepted.

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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