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(영문) 서울고등법원 2019.01.10 2018노2069
중상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (public prosecutor) is unreasonable because the sentence imposed by the court below on the defendant (one year and six months of imprisonment, two years of suspended execution, two years of social service work, 240 hours of imprisonment) is too unhued.

2. The Defendant, on the ground that her mother associates with her mother, inflicted bodily injury, such as saving old victims.

As a result, the victim suffered cerebral cerebrovasculars that require approximately 12 weeks of treatment and reached a situation where consciousness is unknown.

As a result, the victims are under the rehabilitation treatment through hospitalization until now, and there have been additional symptoms of recognition disorder and physical restriction due to dementia.

The nature of the crime of this case cannot be deemed to be negligiblely expressed in the motive, method, and consequence of such crime.

The victim I, who supports the victim, wanted to punish the defendant by submitting a petition to this court.

The above is the circumstances unfavorable to the defendant.

On the other hand, the Defendant is aware of the facts of the instant crime.

In addition, the victim's symptoms were improved and discharged in the middle patient room.

(However, there are additional symptoms on dementia and physical restrictions, which are still being hospitalized. This Court stated in this Court that the amount of approximately KRW 25 million was incurred as medical expenses until May 2018. However, in light of the victim’s continued hospitalized treatment, the medical expenses will continue to occur in the future.

The defendant deposited KRW 50 million for the victim, and the victim received the deposit temporarily.

The defendant has no history of criminal punishment exceeding a fine.

The above is the circumstances favorable to the defendant.

On the other hand, the victim did not respond to the question of whether or not he wishes to punish the defendant in this court. However, the defendant does not have to find himself or herself.

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