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(영문) 광주지방법원 2015.10.13 2015노2012
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is deemed to be too unhued and unreasonable.

2. In full view of the elements of sentencing unfavorable to the Defendant, such as the fact that the Defendant again committed the instant crime even when criminal punishment was imposed several times for the same crime, the victim suffered serious bodily injury from 8 weeks therapy, failure to recover damage, etc., and the factors of sentencing favorable to the Defendant, such as the fact that economic circumstances are not adequate, and other favorable factors such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, etc., and the scope of recommended sentencing guidelines (one to one year and six months), which are the conditions of sentencing specified in the records and arguments of the instant case, including the circumstances after the crime, and the scope of recommended sentencing guidelines (one year and six months), it cannot be deemed unfair for the lower court’s sentence against the Defendant.

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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