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(영문) 광주지방법원 2014.12.10 2014노905
상해
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (two years of suspended execution in six months of imprisonment, and probation) is too unfluent and unfair.

Judgment

The fact that the defendant has been punished twice due to the same crime of violence, and that the victim did not make any effort to recover damage even though the victim's injury is 6 weeks, is disadvantageous.

However, in full view of the following factors: (a) the Defendant recognized his mistake; (b) there is no prior conviction exceeding a fine; (c) the victim does not want the punishment of the Defendant; (d) the fact that the crime is a crime of mental disorder caused by the Maternal Subdivision is a favorable condition; and (e) other factors of sentencing as indicated in the argument of this case, such as the background of the crime of this case; (c) the circumstances after the crime; (d) the Defendant’s age, character and conduct; and (e)

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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