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(영문) 광주지방법원 2018.09.20 2018노823

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 fact that the defendant again committed the instant crime even though he/she was punished several times for the same crime, and that he/she did not take measures to recover damage, such as agreement, is disadvantageous.

On the other hand, there are more favorable circumstances, such as the fact that the defendant recognizes and reflects his mistake, that the defendant seems to have caused the crime of this case by contingency while in dispute with the victim, and that there are some circumstances to consider the situation, and that the degree of injury suffered by the victim seems to be relatively heavy.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.