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(영문) 부산지방법원 2014.09.18 2014노2702
상해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. In light of the fact that the judgment defendant had a lot of records of punishment for the same crime of violence, and that the crime of this case is a crime during the same period of probation, the defendant should be given a strict warning.

However, the defendant's mistake recognized that the victim who was hospitalized immediately after the crime was committed and was able to receive the victim's request, and instead to receive the victim's 10 million won in depth, it was possible to recover the victim's health after receiving the victim's faithful treatment. The victim and his family members want to have the defendant's prior wife several times in height, and the defendant's attitude is the most support for his old and two children, and the court below seems to have followed the probation's supervision before the crime of this case was committed by the probation officer prior to the crime of this case, such as that it was difficult for the defendant to go against the probation officer's supervision and supervision, and it is necessary to reduce the opportunity for the court below's punishment. There is no change of circumstances that may be special consideration in sentencing after the sentence of this case, and there is no other reason to consider the motive, motive, age, circumstances of the crime of this case, etc.

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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