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(영문) 청주지방법원 2014.09.26 2014노441
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The fact that the defendant had a record of having been punished several times as a violent crime, and that the defendant committed the crime of this case during the period of suspension of execution is not due to the same kind of crime, which is disadvantageous to the defendant.

However, considering various sentencing conditions in the records, such as the defendant's age, character and conduct, family relationship, means and result of the crime, and circumstances after the crime, it seems that the court below's punishment (limited to a fine of four million won) is too unjustifiable and unfair, considering the following circumstances: (a) the defendant's recognition of the crime in this case is against the defendant, (b) it appears that the victim did not repeat the crime by receiving counseling and pharmacologic treatment in relation to alcohol addiction and shock disorder; (c) the degree of injury suffered by the victim is minor; (d) the victim does not want the punishment; (e) the victim is supporting the child; (e) the social relation of the defendant is clear and the person who supports the child; (e) the defendant's social relation is clearly leading the defendant; and (e) the person wants to take care of the defendant.

2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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