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(영문) 부산지방법원 2018.02.09 2017노3839
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too uneasy and unreasonable.

2. The judgment of the Defendant has several times of violence, and the Defendant is not subject to the obligation to commit the instant violent crime again during the suspension of execution due to the said violent crime.

The judgment below

There is also a situation in which a separate domestic violence has been committed after the sentence.

However, the defendant seems to have committed contingent crimes, and the injury of the victim is not serious, and the victim also wishes to take the action by mutual consent with the victim immediately after the case.

In addition, it seems that the above domestic violence case has been detained for a certain period of time and has an opportunity to reflect.

In addition, considering various circumstances, such as the Defendant’s age, sex, environment, economic ability (beneficiary of basic living), and relationship with the victim, the lower court’s punishment cannot be deemed unfair as it is too unfasible.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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