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(영문) 의정부지방법원 2016.04.29 2015노3021
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and 120 hours of community service) imposed by the court below on the defendant is too uneasy and unreasonable.

2. The crime of this case is a state unfavorable to the Defendant, such as: (a) the Defendant committed an act of assaulting and injuring the victim in a discriminatory manner; (b) the nature of the crime is not good in light of the background and content of the crime; (c) the injury inflicted on the victim due to the instant case; and (d) the Defendant did not yet agree with the victim; and (c) the Defendant appears to have committed a part of the crime during the investigation process to deny his/her own responsibility and to transfer his/her responsibility to the victim; etc.

However, the defendant shows his attitude to reflect the crime of this case, the court below deposited KRW 20 million for the victim, deposited additional KRW 5 million in the court below's judgment, the defendant's life in prison for 2 months, the defendant's family members had no record of criminal punishment before this case, the defendant's family members want to take the defendant's measures while leading the defendant, the possibility of improving the defendant's old age and the future needs to be considered. The court below's imposition of community service order at the time of suspension of execution of imprisonment with due consideration of the defendant's various circumstances, such as favorable circumstances such as the defendant's age, sex, environment, circumstances, process of crime, method, criminal records after the crime, family relation, etc., and other favorable circumstances such as the defendant's age, sex, circumstance that the court below's sentencing was remarkably unfair, and the court below's imposition of community service order is too unfair.

Therefore, prosecutor's assertion is without merit.

3. As such, the Prosecutor’s appeal is without merit, and the Criminal Procedure Act is applicable.

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