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(영문) 광주지방법원 2016.10.19 2016노298

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, two years of probation, and one hundred and twenty hours of community service order) declared by the court below is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance where the Defendant, who taken place, without any particular reason, committed an injury by exercising violence against a drinking house owner and his/her behaviors, and the nature of the crime is not good. The Defendant has past records of having been punished several times as a same violent crime, the degree of injury suffered by the victim D is heavy, and the Defendant did not agree with the victims up to the trial, and did not take any particular measures to recover damage.

On the other hand, it is difficult to see that the defendant's mistake was properly recognized and reflected in the course of the trial, the degree of injury suffered by the victim C and E is serious, and the defendant has several records of punishment for the same kind of violence in the past, but this is more favorable than 10 years.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since the sentence imposed by the lower court 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 ground that it is without merit. It is so decided as per Disposition.