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(영문) 인천지방법원 2016.09.23 2016노2999
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant's punishment (four months of imprisonment) declared by the court below is too unreasonable, and the prosecutor asserts that the above punishment is too unfeasible and unfair.

2. We examine the reasoning of the judgment and the prosecutor together.

On the other hand, there are favorable circumstances for the defendant, such as the fact that the defendant was found to have suffered from a serious physical or mental pain due to the crime of this case, that the defendant deposited KRW 500,000 for the victim, that the defendant additionally deposited KRW 500,000 for the victim, that the defendant was sentenced one time to a fine due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2013, and that there is no other record of criminal punishment except for the defendant sentenced one time in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents. On the other hand, the crime of this case is deemed to have inflicted an injury upon the victim who was established in a high school at an open place without any particular reason when the defendant inflicts an injury on the victim of this case, such as the floor, finger, finger, head, sium, and ambry, etc. of the crime, and the crime of this case was committed in light of the circumstances, method, relationship with the victim, etc. of this case, the victim's unfair physical or mental suffering.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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