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(영문) 전주지방법원 2016.07.15 2015노1531

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.

2. The crime of this case is a case where the defendant takes care of the face of the victim who was frighted and frighted, and the victim suffered injury, such as an unfrighting 30 days of treatment, which requires treatment, and the nature of the crime is not weak, and the victim does not reach a complete agreement with the victim until the trial is in the first instance, and the victim's serious punishment is considered to be disadvantageous to the defendant.

On the other hand, there is no record of criminal punishment before the defendant, the recognition of the crime of this case and the violation of the mistake in depth, the deposit of 4 million won for the victim to restore damage, and the fact that the victim seems to be able to obtain additional compensation in the civil procedure instituted against the defendant is favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the 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 as it is without merit. It is so decided as per Disposition.