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(영문) 의정부지방법원 2015.01.23 2014노1563
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment with prison labor, two years of suspended execution, and one hundred and twenty hours of community service) declared by the court below is too uneasy and unreasonable.

2. The fact that the degree of injury suffered by the victim is very serious due to the Defendant’s criminal act, and that the Defendant did not agree with the victim even until the trial is in trial is disadvantageous to the sentencing.

However, in full view of the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant deposited KRW 10 million for the victim; and (c) the Defendant was a primary offender who has no record of criminal punishment; and (d) the Defendant’s age, character and conduct, environment, occupation; (b) details and details leading to the instant crime; and (c) circumstances leading to the sentencing conditions indicated in the records, such as the circumstances after the commission of the crime, etc., the sentence of the lower court cannot be deemed unreasonable as it is too unreasonable.

Therefore, prosecutor's assertion is without merit.

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

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