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(영문) 수원지방법원 2014.05.22 2013노5089
상해
Text

The prosecutor's appeal is dismissed.

Reasons

The main points of the grounds for appeal (unfair form of punishment) of the lower court is deemed unfair because the sentencing (exemption from punishment) of the lower court is too unhued.

However, the crime of this case was committed on the grounds that the defendant was dead, causing bodily injury to the victim, which requires approximately 14 days of medical treatment, and the nature of the crime is not good, and the defendant had the record of being fined twice due to the same crime.

However, the injury suffered by the victim as a result of the instant crime is minor, and the Defendant also suffered injury, such as an abdog, etc., in response to the victim; the instant crime and the instant crime, which became final and conclusive on November 17, 2012, and the crime of violation of the Punishment of Violences, etc. Act (joint conflict) which became final and conclusive on June 6, 2013, are equal to the case where the judgment is concurrently rendered; equity with the case where the Defendant acknowledges and reflects the Defendant’s mistake; the Defendant appears to be treating as alcohol addiction at present; and all other circumstances that serve as the condition for the sentencing specified in the instant case, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime; and the circumstances after the crime, etc., the sentencing of the lower court cannot be deemed to be unfair

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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