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(영문) 인천지방법원 2015.05.29 2015노604
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended execution, and eight hours of social service) is too unfasible.

2. It is recognized that the judgment was based on the fact that the defendant's wife was serious for the victims due to the crime of this case, and that the victims did not agree with the victims until the trial, and that they did not pay any damage to the victims.

However, it seems that it is not easy for the defendant to pay damages to the victims because it is difficult for the defendant to live as a basic living beneficiary because he has no record of criminal punishment, that the defendant is the first offender who has no record of criminal punishment, that the defendant supported a baby who is administered as a lebal disease, and that it is difficult for the basic living beneficiary to live. The circumstance pointed out by the prosecutor is that the court below is determined by imposing a community service order after considering all of the circumstances, and other factors indicated in the arguments of this case, such as the defendant's age, character, character, environment, family relationship and building condition, motive and circumstance of the crime of this case, and circumstances after the crime, etc., the sentence imposed by the court below is too small and unreasonable. Thus, the prosecutor's above assertion is difficult to accept

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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