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(영문) 광주지방법원 2020.09.23 2019노2024
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The judgment of the Defendant is not good for committing a crime by inflicting a serious injury upon the victim with four weeks of custody.

However, the defendant shows the form of recognizing and reflecting crimes, and there is no record of punishment for violent crimes.

The Defendant agreed with the victim in the trial.

In addition, considering the various circumstances, such as the defendant's age, character and conduct, environment, motive, method, and consequence of the crime, which are shown in records and pleadings, the court below's punishment is too uneasy and it is difficult to deem it illegal.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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