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(영문) 전주지방법원 2014.07.25 2014노474

상해

Text

1. The defendant's appeal is dismissed;

2. An application for remedy by an applicant for compensation shall be dismissed;

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. Determination of the grounds for appeal by the defendant on the grounds of appeal by the defendant is that the defendant led to the crime of this case, the defendant deposited 4 million won for the victim at the original trial, and the family members to be supported by the defendant are favorable to the defendant. However, the crime of this case is highly likely to be committed by the victim due to his hand and appearance on the grounds that the defendant was sleepd by the victim, resulting in an injury requiring approximately 6 weeks of medical treatment. The crime of this case is not committed by the defendant, the defendant did not reach an agreement with the victim, the defendant has been punished several times for the same crime, and other circumstances, such as the defendant's age, character and behavior, environment, family relationship, motive, means and result of the crime, etc., which are conditions for sentencing in this case, the punishment imposed by the court below is too unreasonable.

3. Although an applicant for compensation filed an application for compensation order against the defendant in the trial at the court, it is judged that the scope of liability for compensation is not clear and it is not reasonable to issue an order for compensation in the criminal procedure. Thus, an applicant for compensation cannot accept an application for compensation order, since the scope of liability for compensation is not clear.

4. In conclusion, the defendant's appeal is without merit and is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. The application for compensation order by the applicant for compensation is dismissed pursuant to Article 32 (1) 3 and Article 25 (3) 3 and 4 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.