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(영문) 부산지방법원 2015.10.30 2015노2839
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty of the lower judgment (three million won of a fine) is too unhued.

2. In light of the content of the instant crime and the degree of injury suffered by the victim, although the quality of the Defendant is not somewhat weak, considering the following factors: (a) the Defendant recognized the instant crime; (b) the Defendant agreed to recognize and reflect the instant crime; (c) the Defendant did not have the same record as the victim at the investigation stage; (d) the Defendant did not have any criminal record exceeding the fine; and (e) the Defendant appears to have committed the instant crime in a timely and contingent manner; and (b) other matters concerning the sentencing specified in the record and arguments, including the background of the instant crime, the Defendant’s age, occupation, character and conduct, environment, circumstances after the instant crime, and the risk of recidivism, the Prosecutor’s assertion is without merit.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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