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(영문) 인천지방법원 2018.01.25 2017노2574
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment (3 million won in penalty) set by the court of the original instance as stated in the reasoning of the appeal is too unfilled and unfair.

2. The defendant's liability for the crime is not against the law;

It is not possible to receive a victim's letter and pay consolation money or compensation money to the victim.

However, it seems that the defendant has led to the confession of crimes and reflects on it.

It is an old and economic difficult situation.

Although criminal records of the same kind are five times, all of them have long been old from 1998 to 2005, and the amount of fine is minor.

There is no history of criminal punishment during the last ten years.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, it shall not be deemed that the lower court’s punishment is too uneasible and unfair.

3. As such, the prosecutor’s appeal is not reasonable, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

With respect to litigation costs, the provisions of Article 189 and the proviso of Article 186 (1) of the Criminal Procedure Act shall apply.

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