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(영문) 광주지방법원 2016.12.15 2016노835

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (eight months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too uneased and unreasonable.

2. In full view of the facts that the Defendant had no record of criminal punishment prior to the instant case; the victim received and agreed to receive KRW 2.5 million from the Defendant; however, the victim caused the occurrence of unexpected aftermacy disorder; civil litigation is underway between the Defendant and the victim; and other various sentencing conditions specified in the records and arguments of the instant case, including the background of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, 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 as it is without merit. It is so decided as per Disposition.