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(영문) 서울서부지방법원 2013.10.24 2013노660

상해

Text

The prosecutor's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

Summary of Grounds for Appeal

The punishment (including a fine of four million won) imposed on the defendant by the court below is too unhued and unfair.

Judgment

Considering the fact that the degree of injury suffered by the victim due to the instant crime is not less than that of the victim, and that the method of the instant crime is inferior, such as taking the victim employed on the floor and taking the vehicle, etc., the defendant should be punished strictly. However, considering all the sentencing conditions of the instant case records and arguments, including the fact that the defendant has no record of committing any crime, and that the defendant has reached an agreement with the victim at the trial, and that the defendant has reached an original agreement with the victim at the trial, the court below’s sentence against the defendant is too unreasonable, and thus, the prosecutor’s allegation of unfair sentencing is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and the application for remedy order filed in the trial is not clear in the scope of liability for compensation, and it is so decided as per Disposition by the court below to dismiss it in accordance with Articles 32 (1) and 25 (3) 3 of the Act on Special Cases Concerning