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(영문) 부산지방법원 2018.06.28 2018노560
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment, two years of suspended sentence, and 80 hours of lecture for violent treatment) is too uneased and unreasonable.

2. There is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The degree of violence committed by the Defendant is serious. The victim suffered injury, such as blood transfusion, after the rescue that requires approximately five weeks medical treatment, and after the 3 weeks medical treatment, the degree of damage is very significant in the state of inserting iron plates into the face up to the present.

However, if the Defendant deposited KRW 20 million to the victim at the original instance, paid KRW 40 million in addition to the first instance court and agreed with the victim, and comprehensively takes into account the following factors: the Defendant’s age, motive for the crime, circumstances after the crime, criminal records, and criminal records (one time of a fine) as indicated in the deliberation by the original instance court and the party, the sentence imposed by the lower court is beyond the reasonable scope of discretion, or is too unjustifiable because it is too unreasonable.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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