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(영문) 대구지방법원 2019.05.30 2018노3691

특수상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two years of imprisonment with prison labor for one year) is deemed to be too unfortunate and unfair.

2. Determination is against the Defendant’s recognition of the instant crime, the first offender, and the Defendant did not agree with the victim. However, the victim paid KRW 5,750,160,00 for medical expenses incurred from hospitalization in a hospital from May 12, 2018 to May 19, 2018, and deposit KRW 6,30,00 for the victim from September 10, 2018 (Tgu District Court 2018DaGa11425) to the Defendant, and around May 13, 2019, the Defendant deposited KRW 6,30,00 for the victim from around September 10, 2018 (Tgu District Court 2018DaGa11425). In full view of the following circumstances, the Defendant’s age, character and conduct, motive and circumstance of the crime, and other circumstances, the Defendant’s punishment was not imposed after considering the following factors.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.