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(영문) 부산지방법원 2015.08.07 2015노1300
상해등
Text

All appeals filed by prosecutors and defendants are dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The gist of the grounds for appeal is that the penalty (five million won of a fine) imposed by the court below on the defendant is too heavy or unhued.

2. Each of the instant crimes committed by the Defendant was under the influence of alcohol when the Defendant was a victim C, who was on the way without any reason, and when the victim E-Mado was a police officer dispatched to the scene after receiving a report, there are no circumstances to consider the circumstances of the instant crime, etc., and the victims received two weeks prior to the death diagnosis of the victim and three weeks prior to the death diagnosis of the victims, and such a case is not easy.

In addition, the defendant's crime against the victim E is a police officer in the process of performing his/her duties with uniform, and there is a need to punish him/her.

However, in full view of the following circumstances: (a) the Defendant agreed with the victim C; (b) the Defendant did not have any particular criminal record except for the Defendant’s receipt of a fine of KRW 300,000 as a crime of property damage; (c) the Defendant was unable to accurately memory the situation at the time of the crime of drinking alcohol; (d) the Defendant is against the Defendant without denying the content of the instant crime; (c) the victim E did not reach an agreement up to the trial; (d) but did not have an attitude at all in-depth to recover from damage, such as expressing that there is a desire to pay a part of the amount (4 million won) under the pretext of agreement; (d) the Defendant’s economic situation is not good; and (e) other circumstances, including the Defendant’s age, environment, family relationship, circumstances leading to each of the instant crimes; and (e) the circumstances before and after the instant crimes, etc., the lower court’

Therefore, the defendant and the prosecutor's argument are without merit.

3. The applicant filed an application for compensation with the Defendant for compensation seeking payment of KRW 5,854,160, but it is difficult to readily conclude that the scope of Defendant’s liability for damages is clear solely on the data submitted in the instant case.

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