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(영문) 인천지방법원 2015.06.11 2014노4681
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 (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unhued.

2. In light of the following circumstances: (a) the Defendant did not agree with the victim; (b) the Defendant had been sentenced to a fine due to the same kind of crime; (c) the Defendant’s direct cause of injury to the victim was harming the victim; (d) however, it appears that the victim was older than 80 years old; and (e) the occurrence of injury appears to have influenced the occurrence of injury; and (e) in light of the circumstances surrounding the instant crime; (b) the circumstances before and after the instant crime; (c) the Defendant’s age; (d) the character and conduct; and (e) various circumstances that are the conditions for sentencing stipulated in

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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