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(영문) 청주지방법원 2016.06.24 2016노323
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is a minor issue before the stairs in the building where the victim was under the influence of alcohol. While the defendant, while drinking the victim's face, was under the bottom of the tight stairs by being pushed down by hand, and the victim's bridge cannot move up between the flight rail support unit, the defendant continued to take the victim's head and bridge, etc., due to continuing drinking, followed by the victim's injury, such as cutting down the body and bridge, which requires about 10 weeks of treatment, and at the same time damaged the victim's safety.

The lower court seems to have determined a sentence against the Defendant by taking into account the favorable circumstances, such as the victim’s serious injury, the victim’s and his/her family members wanting to punish the Defendant, the contingent crime committed by both parties, the victim is also responsible for the occurrence of the crime or the expansion of damage, and the Defendant has no criminal record of the suspension of execution or heavier punishment in addition to the fine.

In the case of a party, the above circumstances and the above injury suffered by the victim are caused by the bones of reproduction. The victim suffered severe physical pain, the activity of the victim and his family members who operated the phrases, and the physical harm is anticipated to require observation and treatment for a considerable period of time in the future, and the victim is likely to suffer severe damage due to this case, and even before being detained on the date of the judgment of the court below, the defendant is seriously against his criminal act and its results (damage) until it is detained on the date of the judgment of the court below.

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