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(영문) 부산지방법원 2015.01.16 2014노3917
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of six months of imprisonment, two years of suspended execution, and 80 hours of community service order, which the court below sentenced to the defendant, is too uneasible.

2. The crime of this case is highly likely to repeat the crime of this case by committing various crimes, such as violence, bodily injury, property damage, intimidation, obstruction of business, etc., which are committed by the defendant, since the defendant was investigated by the police box with the victim, who is a taxi engineer, and the victim intending to return home after being examined together with the police box, and the crime of this case was committed by driving away the victim from the police box, resulting in an injury requiring medical treatment for about 20 days.

On the other hand, it is also recognized that the circumstances such as the fact that the defendant divided his mistake, the fact that the defendant was detained for approximately one month, and that the defendant seems to have been seriously reflected in his depth, the degree of damage of the victim is not severe, and the defendant was living in the court of the first instance by agreement with the victim and the defendant, and that the victim had never been sentenced to imprisonment during that period.

Considering the above circumstances comprehensively taking into account the Defendant’s age, environment, occupation, family relationship, circumstances leading to the instant crime, and various circumstances that form the conditions for sentencing as indicated in the record, such as the circumstances before and after the instant crime, the lower court’s punishment cannot be deemed to be too unjustifiable and unreasonable.

Therefore, prosecutor's assertion is without merit.

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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