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부산지방법원 2015.07.09 2015노1352

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment imposed by the court below on the defendant (two months of imprisonment, two years of suspended sentence, two years of probation, forty hours of social service, and forty hours of violent therapy) is too unfford.

2. The following facts are relatively significant: (a) the Defendant committed the instant crime without being aware of the fact that the victim was injured; (b) the Defendant was sentenced to imprisonment with prison labor for attempted murder for three years; and (c) five years of probation period; and (d) the Defendant had been punished several times of violent crimes, which are disadvantageous to the Defendant.

However, in light of the following: (a) the Defendant recognized the instant crime; (b) the Defendant committed the instant crime somewhat contingently in the state of drinking; (c) the victim and the victim did not want the punishment against the Defendant; and (d) there is no change of circumstances unfavorable to the sentencing after the sentence of the lower judgment was rendered; and (c) other factors of sentencing, including the Defendant’s age, character and conduct, environment, method of crime, circumstances after the crime, etc., and the sentencing guidelines of the Sentencing Committee, the sentence imposed by the lower court may be determined as appropriate.

Therefore, the prosecutor's above 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.

(However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, ① Lending "a loan to a suspect" in paragraph (1) of the crime, and ② Probation and Social Service Order in the application of the Act and subordinate statutes shall be corrected to "1. Probation and Social Service Order", respectively.