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(영문) 대구지방법원 2017.05.12 2016노5551

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (one million won in penalty) imposed by the court below on the defendant is too unhutiled and unfair.

2. The point that the degree of injury of the victim is not provided to him/her is disadvantageous to the defendant.

However, in light of the following circumstances: (a) the Defendant led to the confession of and reflect against the crime; (b) there is no record of criminal punishment except for the punishment imposed once for the same crime; (c) the victim committed an assault by having the Defendant first step out to the Defendant; (d) the Defendant deposited KRW 2,183,740 with the victim as his/her truster for the criminal agreement on the amount of damages, such as medical expenses; and (e) conciliation was concluded in the civil litigation instituted by the victim; and (c) the Defendant paid the amount of conciliation to the victim; and (d) the conciliation was fully paid to the victim; and (e) other favorable factors such as the Defendant’s age, sex behavior, environment, motive, means and consequence of the crime; and (e) the prosecutor’s aforementioned assertion is unreasonable because the lower court’s punishment is too uneasible and unreasonable.

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. It is so decided as per Disposition.