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(영문) 울산지방법원 2019.08.30 2019노465
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The Prosecutor’s summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. Even though the judgment defendant had been punished several times for the same crime, the fact that he/she left to the crime of this case is disadvantageous to the defendant.

However, in light of the circumstances favorable to the defendant, such as the defendant's age, character and conduct, and environment, the court below's punishment seems to be within a reasonable and appropriate scope, and it cannot be deemed that it is excessively unreasonable, considering the following factors: (a) the defendant shows a strong attitude of reflectiveness by recognizing the crime of this case; (b) the degree of injury suffered by the victim is not much serious; and (c) the victim does not wish to punish the defendant by mutual consent with the victim; and (d) the court below's sentencing conditions

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal 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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