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(영문) 전주지방법원 2016.11.04 2016노1230

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court is too unfilled and unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant, who was walking along a pedestrian protective her face, led to an injury requiring medical treatment for about two weeks in time on the ground that the victim's face part of the driver's face was circumvented, and further, damaged the victim's vehicle so that the repair cost of up to 400,000 won is sufficient. The defendant committed the crime of this case without being aware of the fact that the defendant had already been subject to several criminal punishment, and did not reach an agreement with the victim until the trial.

On the other hand, the following are the circumstances favorable to the defendant: (a) the defendant recognized the crime of this case; (b) the victim thought that the victim was neglected to commit the crime of this case; and (c) the degree of injury the victim suffered from the crime of this case is not much serious; and (d) the defendant seems not to have good economic situation as a basic living recipient.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, 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. It is so decided as per Disposition.