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(영문) 부산지방법원 2016.04.28 2015노3684

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. The crime of this case requires a strict liability corresponding to the defendant when considering the fact that the defendant, who is a taxi engineer, suffered bodily injury requiring four weeks' medical treatment without any reason, and that the victim was a senior citizen of 67 years of age and did not yet agree, etc.

However, considering various sentencing conditions, such as the Defendant’s confession of the instant crime and the Defendant’s mistake, the Defendant did not have any criminal record except for one-time punishment due to drinking, the fact that the Defendant deposited KRW 4 million for the victim, the fact that social ties are clear, the Defendant’s age, sex, environment, background leading to the crime, means and method of the crime, and the circumstances after the crime, etc., the punishment imposed by the lower court is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.