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(영문) 서울동부지방법원 2016.06.23 2016노102
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended execution and two hundred hours of community service order in October) on the summary of the grounds of appeal is deemed to be too uneasy and unreasonable.

2. In full view of all the circumstances, including the following: (a) the judgment room; (b) the Defendant had a large number of records of violence; (c) the degree of injury suffered by the victim (non-alleys); (d) the sentencing factors unfavorable to the Defendant; or (e) the circumstances leading up to the instant crime alleged by the Defendant; (b) the Defendant appears to have not reached an agreement due to economic difficulties; (c) the Defendant appears to have been unable to reach an agreement; (d) the Defendant appears to have been living together with a female suffering from a self-pulmonary disorder; and (e) the Defendant’s age, sex behavior, environment; (e) the process and consequence of the instant crime; and (e) the circumstances leading up to the records and arguments, such as the circumstances after the instant crime, are forming a social ties relationship with the female living together; and (e) the lower court’s punishment is adequate and too unreasonable.

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

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