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(영문) 수원지방법원 2018.06.25 2017노8439

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. Although there are many kinds of records of punishment for the same kind of crime as judgment, there are unfavorable circumstances to the defendant, on the other hand, the defendant shows the attitude of recognizing and reflecting the defendant's wrong, the degree of injury is relatively minor, and the victim expressed his intention not to punish the defendant, in addition to the favorable circumstances for the defendant, there is no change of circumstances that may add the punishment of the court below in the trial, and considering various sentencing conditions as shown in the records and changes theory, such as the defendant's age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the punishment of the court below is judged to be appropriate, and it is not unreasonable because it is too unaffortuous.

The prosecutor's improper argument in sentencing is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.