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(영문) 광주지방법원 2016.06.09 2015노2244
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The appellate court’s sentence (six months of imprisonment, two years of suspended execution, and 80 hours of community service) is deemed to be too unhued and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of this case is not a good crime because the defendant unilaterally assaults the victim who is his own vegetative, thereby causing an injury.

The degree of injury of the victim is relatively heavy.

There was no agreement with the victim.

On the other hand, the following conditions are favorable.

The defendant and the victim have long-term problems that can be considered in the course of crime because they are not adequate for appraisal.

A defendant has no record of punishment for the same crime except for those who have been sentenced to eight months of imprisonment or two years of suspended execution for the crime of injuring bodily injury in 1982.

For the victim, 5,000,000 won was deposited.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the grounds that the lower court’s punishment is too uneasible and it is not deemed unfair.

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

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