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(영문) 부산지방법원 2014.04.10 2013노3529
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. The Defendant, during the period of repeated crime, took into account the following facts: (a) the victim, who was a female, had been her desire first while being in a repeated crime, went to a serious injury requiring six weeks of drinking; and (b) the Defendant was punished by a fine by assaulting neighboring residents on April 4, 2013, immediately before the instant crime was committed on the ground that the crime was committed, character and conduct, and the risk of recidivism is likely to be bad, and thus, it is necessary to seriously warn the Defendant to prevent recidivism.

However, considering that the Defendant, immediately after having received a written apology from the victim as soon as he/she was prosecuted, he/she seems to be seriously and seriously aware of the fact that he/she faithfully engaged in funeral business for the aged citizens and unrelated persons, and considering other various circumstances, including the Defendant’s age, character and conduct, and environment, the sentencing of the lower court, which sentenced the Defendant to a fine, is reasonable.

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

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