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(영문) 전주지방법원 2016.05.11 2015노1197
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unfased and unreasonable.

2. The crime of this case is a case where the defendant, while under the influence of alcohol, assaulted the victim waiting for a taxi and inflicted bodily injury on the 4th week prior to the crime without any justifiable reason, and the nature of the crime is not good. The defendant committed the crime of this case even if he had been punished several times for the same crime, and the defendant committed the crime of this case against the defendant.

On the other hand, the fact that the defendant recognized the crime of this case and divided his mistake in depth, although it did not reach an agreement, it has seriously endeavored to recover damage by depositing KRW 2.5 million for the victim, and the fact that the family relation becomes clear compared to the previous marriage on November 1, 2015, after the decision of the court below was rendered, is favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.

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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