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(영문) 부산지방법원 2019.01.25 2018노3561
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., e., imprisonment with labor for up to 10 months) of the lower court is too minor;

2. In full view of all the conditions of the argument and the record of the instant case, including the circumstances of the lower court’s unfavorable sentencing (e.g., the background leading up to the commission of the offense and the poor nature of the offense, the circumstances after the commission of the offense, etc.) as well as the Defendant’s age, character, intelligence, and environment, as well as the motive of the commission of the offense, there is no circumstance that the lower court’s judgment was judged to have exceeded the reasonable bounds of its discretion or that it is unreasonable to maintain it as it is.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the 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 as it is without merit. It is so decided as per Disposition.

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