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(영문) 수원지방법원 2016.12.16 2016노5828
특수상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (two years of suspended sentence for one year of imprisonment) of the lower court is too unhued and unreasonable.

2. Determination is a condition for sentencing unfavorable to the defendant, such as: (a) the defendant waiting before the victim's house is waiting for; (b) the nature of the crime was bad; (c) the defendant did not reach an agreement with the victim; and (d) the fact that there was a history of punishment for past violent crimes.

However, in full view of the following circumstances: (a) the Defendant was committed in the past 69 years of age and is against the recognition of the instant crime; (b) the degree of injury suffered by the victim is not much serious; (c) the Defendant deposited 2 million won for the victim; and (d) the Defendant did not have any record of being punished for violent crimes since 1985; and (c) other circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, the lower court’s sentence is deemed to be too unjustifiable, and thus, the Prosecutor’s allegation of unfair sentencing is rejected.

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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