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(영문) 수원지방법원 2015.04.29 2014노6048
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years of suspended execution in six months of imprisonment, one hundred and sixty hours of social service) is deemed to be too uneasy and unreasonable.

2. In light of the fact that the Defendant committed the instant crime even though he had been punished several times for the same kind of crime in the past, and the Defendant committed the instant crime, the degree of injury was serious, and the Defendant did not reach an agreement with the victim until the court of the trial, the Defendant’s liability for the crime is not easy. However, considering that the Defendant’s mistake is divided, there is no record of punishment heavier than the fine for the same type of crime, and the victim’s strekings appears to have partly affected the expansion of the result of the injury, the Defendant’s age, character and behavior, environment, family relationship, motive and circumstance of the crime, and all other circumstances that are conditions for sentencing, such as the Defendant’s age, character and behavior, family relation, and circumstances after the crime, it is difficult to view that the sentence of the lower court is too 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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