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(영문) 서울중앙지방법원 2017.03.30 2016노3956

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the defendant (one million won of punishment).

2. From 2001, the fact that the defendant had been punished four times a fine due to the violation of the Punishment of Violences, etc. Act and the crime of injury, etc. is disadvantageous to the defendant.

However, there is no record of the crime that the defendant has not been sentenced to a fine, the victim did not want the punishment against the defendant from the investigation stage (the 14th page of the investigation record), and the defendant submitted a written agreement that "the victim agreed to pay 2 million won to the victim" on September 28, 2016, the degree of injury of the victim is not much serious, and the fact that the defendant reflects his/her mistake is favorable to the defendant.

In addition, in full view of various circumstances, such as the Defendant’s age, sex, environment, and circumstances after the crime, etc., the lower court’s sentence cannot be deemed unfair because it is too unfasible and unreasonable.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.