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(영문) 의정부지방법원 2015.05.29 2015노363
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable since the sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended execution, and forty hours of community service order) is too unhued and unreasonable.

2. In light of the facts and contents of the instant crime, the degree of injury suffered by the victim F, etc., the Defendant did not make any particular effort to recover from damage up to the present time, and the Defendant had a record of having been punished several times of the same violent crimes, etc. are deemed to be disadvantageous to the Defendant.

However, in full view of all the circumstances, including the Defendant’s age, character and behavior, environment, occupation, motive, means and consequence of the instant crime, circumstance after the instant crime, criminal record relation, etc., the sentence imposed by the lower court is deemed to be adequate and too unreasonable and unreasonable, and thus, the prosecutor’s assertion is without merit. In so doing, it is deemed that the Defendant’s punishment imposed by the lower court is unreasonable, as it appears to be somewhat contingent.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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