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(영문) 부산지방법원 2014.05.01 2014노705

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the following: (a) the degree of injury inflicted on the victim of the gist of the grounds of appeal is serious; and (b) the Defendant and the victim cannot justify the Defendant’s violent force on the grounds that the Defendant and the victim are the married couple, the sentence of suspended sentence is too un

2. Determination is an unfavorable circumstance to the Defendant, where the Defendant took two times the victim, and the injury suffered by the victim due to the crime on August 2, 2013, etc. is not provided against the victim.

However, the defendant is a family owner with little previous punishment, and the crime of this case was committed in the course of marital fighting after the defendant who was divorced and the victim was judged jointly, and thus, there are many circumstances to consider the motive and circumstance of the crime. The defendant committed a voluntary conciliation in the relevant civil lawsuit between the defendant and the victim, which was established from the court below to the end of the trial, and the defendant committed a voluntary conciliation in the relevant civil lawsuit between the defendant and the victim. In the conciliation clause, it is reasonable to see that the victim's withdrawal of the complaint of this case is included in the contents of the withdrawal of the complaint of this case against the defendant. At present, the risk of repeating a crime is expected to be completely resolved through de facto marital relationship with the defendant and the victim, and taking into account all other circumstances that are conditions for sentencing of this case, the suspended sentencing of the court below is deemed appropriate.

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