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(영문) 전주지방법원 2016.11.04 2016노1208
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court is too unfilled and unreasonable.

2. The crime of this case is a case where the defendant inflicts bodily injury on the victim's face while drinking about about four weeks of the victim's face on the back of the warehouse owned by the defendant, on the ground that the victim, who is one of his own external villages, left in the middle of the warehouse of the defendant, and the crime of this case is not good, and the victim wants to punish the defendant, etc. is disadvantageous to the defendant.

On the other hand, although the defendant had previously been subject to criminal punishment of a fine of the same kind four times for the same crime, the fact that it had been 14 years prior to the crime of this case, and that the defendant deposited KRW 3 million in the court below for the recovery of victim's damage, etc. are favorable to the defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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