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(영문) 부산지방법원 2017.08.25 2017노1208
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (2 million won in penalty) is too uneasy and unreasonable.

2. The judgment of the Defendant committed the instant bodily injury even though the Defendant had suffered five times of violence, and there is a tension between the Defendant and the victim, and there is no agreement with the victim. However, the degree of injury of the victim (one week prior to the death of the victim) is serious.

It is difficult to see that the defendant made a mistake, and the defendant intentionally inflicted an injury in light of the circumstances of the crime.

The victim was punished (2 weeks prior to the death) by committing an gambling (50,000 won) against the defendant.

Considering the above circumstances in light of the sentencing conditions, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the lower court’s punishment cannot be deemed as being too uneasible and unfair.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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