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(영문) 광주지방법원 2015.10.20 2015노2312
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (one month of imprisonment, three hundred thousand won of fine) is too unhued and unreasonable.

Judgment

The Defendant has been punished several times due to violent crimes, and each of the of the of the of the instant crimes was committed by the Defendant, who was sentenced to three years of imprisonment on January 7, 2010, due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and committed a repeated crime after the execution of the sentence was completed on January 12, 2013.

However, in full view of the following: (a) the Defendant’s mistake and reflects; (b) favorable circumstances that the lower court agreed with the victim C; and (c) motive and background of the instant crime; (b) the Defendant’s age, character and conduct, environment; and various sentencing conditions indicated in the records of this case; and (c) the scope of the recommended sentencing guidelines (two months to one year and three months), it cannot be deemed that the lower court’s sentence against the Defendant is too unjustifiable and unreasonable.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is without merit.

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