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(영문) 광주지방법원 2015.11.12 2015노748
상해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

Summary of Grounds for Appeal

A. The Prosecutor’s sentence (one year of suspended execution for four months of imprisonment, one year of community service, 80 hours of imprisonment) of the lower court is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

Judgment

The crime of this case is an unfavorable sentencing factor, such as: (a) the Defendant led the victim who has been exposed to the crime and who has been frightened by the Defendant; and (b) committed an assault again after divinging the door; (c) the method of the crime is very harsh and dangerous; (d) the degree of injury of the victim is very harsh; and (e) the degree of injury of the victim is very heavy; and (e) the victim seems to have been suffering from considerable mental and physical post-treatment; and (e) the victim continues to be punished against the Defendant.

On the other hand, considering the following factors: (a) the Defendant recognized his mistake; (b) the Defendant deposited KRW 15 million in the original trial for the victim; and (c) the Defendant additionally deposited KRW 5 million in the appellate trial in addition to the Defendant’s deposit for the victim; and (d) the Defendant has no record of crime other than a minor one time; (b) other factors of sentencing are favorable; and (c) other factors of sentencing, including the background of the instant crime; (d) circumstances after the commission of the crime; (e) circumstances after the commission of the crime; (e) the Defendant’s age, character and conduct; and (e) the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee (general injury category 1 (general injury category: imprisonment of 4-1 year and 6 months); and (e) the Prosecutor and the Defendant

Therefore, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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