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(영문) 수원지방법원 2016.07.21 2015노7218
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one hundred months of imprisonment and two years of suspended execution) is too unhued and unfair.

2. The Defendant committed the instant crime even though the Defendant had been punished for the past violent crime several times, and the fact that the degree of injury suffered by the victim F due to the instant crime appears to be less and less than that of the Defendant is disadvantageous to the Defendant.

However, in full view of the following factors: (a) the Defendant is against the instant crime; (b) the victim did not want the punishment of the said Defendant by mutual agreement with the victim; (c) the Defendant appears to have committed the instant crime by contingency; and (d) the Defendant’s age, sexual conduct, environment, family relationship, motive and circumstance of the instant crime; and (c) all the sentencing conditions stated in the pleadings, including the circumstances after the commission of the instant crime, it is difficult to deem that the sentence imposed by the lower court is too uneasible

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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