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(영문) 서울남부지방법원 2013.08.22 2013노743
상해
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the reasons for appeal by the prosecutor is that the punishment (two years of suspended execution in six months of imprisonment, and eight hours of community service order) sentenced by the court below is too unfasible and unfair.

Therefore, it is true that there is a need to punish the defendant more strictly in light of the fact that the victim suffered serious injury, such as inside the left-hand side of the victim in need of treatment for about four weeks due to the defendant's assault, and the fact that the victim did not properly recover damage to the victim and did not reach an agreement with the victim.

On the other hand, however, considering the following circumstances, considering the fact that the defendant recognized the crime of this case as well as his mistake, although it did not reach an agreement with the victim, it is doubtful that the defendant deposited 10 million won for the recovery of damage, and that the defendant committed two acts without properly verifying the facts, the victim's failure to pay attention to the defendant is deemed to have partly caused the crime of this case. Moreover, the victim's failure to pay attention seems to have contributed to the occurrence of the victim's injury, and there is no power to commit the crime of this case as well as the fact that the defendant did not have any power to commit the crime of this case, and other various circumstances, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions indicated in the arguments and the records of this case, even if the prosecutor asserts as the grounds for appeal, it is not recognized that the sentence imposed by the court below is too unreasonable because it is too unreasonable.

Therefore, prosecutor's assertion is without merit.

Therefore, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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