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(영문) 서울서부지방법원 2014.06.13 2014노434
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence of the lower court (limited to eight months of imprisonment, two years of suspended sentence, two years of probation, and forty hours of community service order) is too minor;

2. The judgment of the defendant committed the instant crime again despite the same kind of force several times, the fact that the victim wanted to punish the defendant, and that the injury suffered by the victim is not less than that of the defendant is disadvantageous to the defendant.

However, the sentence of the court below is reasonable in light of the following facts: (a) the defendant made a confession and seriously against the defendant; (b) the defendant committed any contingent crime under the influence of alcohol; (c) the deposit of 2 million won for the victim; (d) the economic situation is difficult; (e) the defendant has no same power for not more than five years; and (e) the motive, means, circumstances before and after the crime in this case; (e) the defendant'

3. Therefore, 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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