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(영문) 전주지방법원 2013.04.26 2013노34

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (ten months of imprisonment, two years of suspended sentence, two years of probation, community service, 200 hours of alcohol treatment, 40 hours of alcohol treatment) is too unfluent in light of the overall sentencing conditions in light of the summary of the grounds for appeal.

2. The instant crime of appeal on the grounds of appeal is deemed to be strictly punished by the Defendant in light of the following: (a) the Defendant, while under the influence of alcohol and working as an apartment guard without any reason, faced the head with the wall of the victim; and (b) walking the body after leaving the ground floor up to the wall of the building; and (c) the victim was in need of about 10 weeks medical treatment; and (d) the nature and circumstances of the crime are not good; and (e) there is no agreement with the victim up to the trial.

However, in full view of the following facts: (a) the Defendant has recognized his mistake and divided it in depth; (b) the Defendant deposited KRW 15 million in total on two occasions for the victim at the lower court; (c) the victim’s damage caused by the instant crime is subject to industrial accident compensation (Evidence No. 1:26 pages); (d) the Defendant has no record of punishment heavier than the fine or of the same kind of crime; (c) the Defendant has to support his wife and three children; and (d) other factors of sentencing as indicated in Article 51 of the Criminal Act, such as the Defendant’s age, character, character, environment, criminal record, criminal record, circumstance of the Defendant’s occurrence of the instant crime; and (e) the circumstances before and after the instant crime, etc., the prosecutor’s assertion of unfair sentencing is without merit.

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.