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(영문) 인천지방법원 2013.11.22 2013노1744
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendant (two years of suspended sentence for six months of imprisonment, two years of suspended sentence, and one hundred and twenty hours of community service) is deemed unreasonable.

2. In light of the fact that the crime of this case was committed by the Defendant on the part of the victim, resulting in an injury to the victim, such as dynasium for about three months, and that the nature of the crime was not somewhat weak, and that the Defendant did not agree with the victim until the trial was held, it is recognized that the strict punishment for the Defendant is necessary.

However, in full view of the following: (a) the Defendant is a primary offender with no criminal power; (b) the instant crime was committed by the Defendant against the victim, who was a senior high school and a senior high school, who had drinking together; (c) there are some circumstances to consider the circumstance; (d) the Defendant has made efforts to pay damages in the future; and (e) other various sentencing conditions specified in the records and arguments, such as the Defendant’s age, happy family environment; and (e) circumstances before and after the commission of the crime, etc., the Defendant’s sentence against the Defendant is too unjustifiable and unreasonable.

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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