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(영문) 제주지방법원 2015.01.29 2014노385
상해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. Although there is a record of being punished for a crime of the same kind of judgment and there is no record of being sentenced to a fine among the previous criminal records of the same kind, there is no record of being sentenced to a fine, two minor children who are alone after having divorced from their wife as a basic living recipient, at the investigation stage, the victim does not want the punishment of the defendant by mutual consent with the victim, and other various sentencing conditions as shown in the arguments of this case, including the defendant's age, character and behavior, family environment, the background of the crime of this case, and the circumstances before and after the crime, it cannot be deemed that the sentence of the court below against the defendant is too unjustifiable.

3. Accordingly, according to the conclusion, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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