beta
(영문) 청주지방법원 2014.12.12 2014노828

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The instant crime of this case on the grounds of appeal is an unfavorable circumstance to the Defendant, in view of the method of crime, degree and degree of injury, etc., the following: (a) the victim slicked the Defendant, and slicked the victim with drinking and hand-on; (b) the victim slicked away from the cab; and (c) the victim slicked in the direction of a slick slick slick that the oil slicked by the slick slick slick slick slick slick slick 2 degrees slick slick slick slick slick slick slick slick slick slick slick slick

However, in light of the following circumstances: (a) the Defendant recognized the instant crime and is against the Defendant; (b) at the investigation stage, the victim sought the Defendant’s wife by mutual consent with the victim; (c) the victimized police officer sought the Defendant’s wife; (d) the Defendant appears to have committed the instant crime in a state of being taken by the Defendant; and (e) there is no record of criminal punishment after 2008, there is no record of criminal punishment; and (b) other various sentencing conditions indicated in the record, such as the Defendant’s age, gender, environment, the background and motive of the instant crime; and (c) the circumstances after the commission of the instant crime, etc., it cannot be deemed that the lower court’s imprisonment (a prison term of six months, a stay of execution of two years, and a community service order of 120 hours) is too unjustifiable

2. 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.