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(영문) 광주고등법원(제주) 2020.08.12 2020노50

중상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The crime of this case committed by the defendant in collaboration with Co-Defendant B of the court below, and reported that the victim fights with B and fighting, and reported that the victim fights with B, and caused the victim's face face face, she saw the victim's injury such as trauma pathy, etc., and thereby resulting in the victim's maximum corrective vision in the face to safety balance (the degree that the loss can be separated from the snow).

The victim, while staying in the Republic of Korea with Chinese nationality, seems to have been suffering from considerable apprehensions and fears while committing the instant crime, and in particular, the victim’s coordinates are more serious results of the instant crime with the determination that there is no possibility of defense of vision.

However, the fact that the defendant shows the attitude of recognizing and opposing the crime, the defendant appears to have occurred by contingently in assisting the defendant B, the fact that the victim left the hospital immediately after the crime was committed, the victim was paid a total of KRW 10 million under the name of compensation, etc. for damages, etc. after the decision of the court below, and the victim expressed his intention not to be punished against the defendant, and the fact that the victim did not have any criminal record exceeding the fine, etc., shall be considered as favorable circumstances.

Considering the above various circumstances and all of the sentencing conditions in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.

3. Accordingly, the defendant's appeal is justified.