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(영문) 광주지방법원 2016.11.22 2016노786
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the original judgment's punishment (three million won of a fine) is too unhued;

(The prosecutor stated his opinion that the defendant should be punished by imprisonment with prison labor for a period of one year and six months). 2. As the judgment of the court below properly stated, although the defendant committed a crime during the period of suspension of execution, the defendant committed a elbbow elb Park in accordance with the spirit and degree of injury, it is minor in terms of the degree of injury, and there are some differences in the circumstances leading to the crime.

In addition, the defendant has not been subject to criminal punishment for the same crime since 2003, which was about 13 years ago.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions indicated in the instant case, such as the circumstances after the crime, it cannot be deemed that the lower court’s punishment has reached the degree of destruction because it is too unfas

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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