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(영문) 울산지방법원 2016.08.26 2016노867
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The appellate court’s sentence (six months of imprisonment, two years of suspended execution, and 120 hours of community service) is deemed to be too unhued and unreasonable.

2. Determination: (a) the Defendant had been punished several times, including that the Defendant was sentenced to a punishment for the same kind of crime; (b) the Defendant was sentenced to a suspended sentence of two years on February 17, 2016 due to a crime of interference with and injury to the performance of official duties for six months; (c) the Defendant was not sentenced to a suspended sentence of two months; and (d) the fact that the Defendant was going to commit the instant crime in a pending trial in the appellate trial, etc. was unfavorable to the Defendant; (c) the Defendant recognized the instant crime; (d) the degree of injury suffered is relatively minor; (e) the Defendant agreed with the victim that the damaged person was not subject to the Defendant’s punishment; (e) the victim was committed simultaneously with the crime of interference with the performance of official duties finalized on May 28, 2016; and (e) the Defendant did not have any circumstances or changes in circumstances that may be newly considered in sentencing after the sentence was rendered; and (e) the Defendant did not seem to have many reasons and arguments in the trial process, such as the record and consequence of the crime.

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

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