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(영문) 광주지방법원 2015.01.15 2014노1464
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, two years of probation, and one hundred and twenty hours of community service) of the lower court is deemed to be too unhued and unreasonable;

2. The judgment of the defendant has a record of being punished several times for the same kind of crime, such as being punished for a violation of the Punishment of Violences, etc. Act (at night) in 2006 (a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.). The fact that the defendant threatened the victim by threateninging the victim and inflicted an injury on the victim solely on the ground that the victim expressed an opinion different from himself/herself at a meeting of the Korea

However, in light of the favorable circumstances such as the defendant's mistake and the defendant's age, character and behavior, environment, circumstances after the crime of this case, etc. in 2006, there is no record of punishment for the same crime after the defendant was punished for a violation of the Punishment of Violences, etc. Act (at night) in 2006, and the defendant deposited KRW 2 million for the victim at the court below. In light of all the sentencing conditions in this case, such as the defendant's age, character and behavior, the circumstance and result of the crime of this case, the circumstance after the crime, etc., the prosecutor's assertion has no 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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