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(영문) 광주지방법원 2014.12.18 2014노1458
폭행치상
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 too unfased and unreasonable.

2. The judgment of the Defendant had a record of having been punished several times for the same kind of crime, such as being detained in 2012, and the Defendant was sentenced to imprisonment with prison labor for the same kind of crime on November 2012, 201 and committed the instant crime during the suspended execution period of two years for the same crime, and committed the instant crime during the suspended execution period of two years for the same crime, the victim was serious damage, the victim did not agree with the victim, and the damage was not recovered is an unfavorable circumstance.

However, in light of the favorable circumstances, such as the fact that the Defendant appears to have recognized and reflected his mistake, that the Defendant does not intentionally inflict serious injury on the victim, and that the degree of assault is not relatively heavy, and the Defendant’s age, character and conduct, the environment, the circumstances and result of the instant crime, and all of the sentencing conditions indicated in the instant case, such as the circumstances after the crime, etc., the prosecutor’s assertion is without merit, since the lower court’s punishment is too una

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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