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(영문) 울산지방법원 2013.11.22 2013노657
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the overall circumstances of the instant case, the sentence imposed by the lower court (a.e., a fine of KRW 1.5 million) is too uneased and unreasonable.

2. In full view of all the factors of sentencing, such as the Defendant’s failure to receive a letter from the victim, etc., the degree of injury suffered by the victim is relatively small; the Defendant has no penal power over suspension of qualification or more severe punishment; the Defendant has no criminal power for the same kind of crime; the Defendant reflects his/her mistake; and the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the Defendant’s punishment imposed by the lower court is deemed unreasonable. Therefore, 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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