상해등
Defendant
All appeals by prosecutors are dismissed.
The lower court’s judgment on the scope of the instant case: (a) the judgment of conviction of 10 months against the Seoul Central District Court 2016 High Court 229,3139 (Joint) and the prosecutor’s appeal of dismissing the public prosecution against the Seoul Central District Court 4667 (Joint) case: (b) the entire conviction part of the lower judgment; (c) the first instance judgment for the case against which an appeal was filed against the Seoul Central District Court 229,3139 (Joint). The lower court sentenced the Defendant to a sentence of 10 months imprisonment with prison labor, taking into account the following circumstances as to the conviction portion: (i) the Seoul Central District Court 2016 High Court 229, 3139 (Joint).
In light of the fact that the defendant committed the crime of this case without being subject to imprisonment, suspension of the execution of imprisonment, and fine several times due to the same crime, despite the fact that he committed the crime of this case without being able to do so during the period of repeated crime, circumstances favorable to the fact that the victim of the crime of injury did not reach an agreement with the victim of the crime of this case: the degree of damage by the victims; the defendant recognized all the crimes of this case; the defendant agreed with the victims of the crime of larceny and damage to property; the summary of the unfair argument of sentencing is that the defendant ① was absent in order for the defendant to return to the victim of the crime of larceny and damage; ② the defendant committed any contingent crime under the influence of alcohol at the time; ③ the degree of injury was not severe.
① In light of the following: (a) a prosecutor’s criminal record of violence was 21 times; and (b) a prosecutor was investigated or tried nine times for violent crimes including a disposition that has no right to prosecute by agreement, etc. only after 2015; (c) a repeated period; (d) a criminal of repeated crimes; (e) a criminal of poor quality and method of the crime; and (iv) a defendant is not in genuine reflector, the sentence of the lower court is too weak.
In April 17, 2017, the defendant as to whether the sentencing of the court below is unfair or not shall be the victim of the crime of injury, such as medical expenses.