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(영문) 서울북부지방법원 2013.07.03 2013노618
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, two years of probation, and one hundred and sixty hours of social service) declared by the court below is too uneasy and unreasonable.

2. In the judgment of the court below, the crime of this case was committed by the defendant with the main illness once, resulting in an injury that requires three-day medical treatment to the victim, and the act is not less than that of the victim, and the act did not reach an agreement with the victim is disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant led to the confession of the instant crime; (b) appears to have committed the instant crime in depth; (c) the degree of damage to the victim due to the instant crime appears not to be relatively heavy; (d) the Defendant deposited KRW 2 million in the lower court for the victim; and (e) additionally deposited KRW 4 million in the lower court for the victim; (c) the Defendant was not subject to a sentence; and (d) the Defendant’s motive for the instant crime; (d) the Defendant’s age; (e) the Defendant’s occupation, character, conduct, environment, family relationship; and (e) other circumstances constituting the conditions for sentencing as stipulated in Article 51 of the Criminal Act as well as the circumstances after the instant crime; and (e) the Defendant’s punishment imposed by the lower court

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.

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