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(영문) 부산지방법원 2017.05.26 2017노803
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. In light of the form and method of the instant crime, etc., the liability for the instant crime is not less and less severe, and the part and degree of the injury are recognized.

However, considering the fact that the Defendant led to the confession of the crime, and there is no history of punishment heavier than the fine, and there is no record of being punished for the same crime, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime in this case, and all of the sentencing conditions stated in the argument in this case, such as the circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable.

Therefore, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.

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