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(영문) 수원지방법원 2015.04.30 2014노5333
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s appeal grounds (e.g., the crime of this case) is that the Defendant, in the form of breathing and pushing the breath of the victim, has inflicted injury upon the victim’s face two times in drinking, which requires medical treatment for six weeks, and thus, it is not good that the Defendant’s instruction of the victim as violence is not justified, damage recovery is not complete, recidivism prevention is not conducted, and even for Defendant’s rehabilitation, proper sentence is necessary. In light of the above, the lower court’s sentence imposing a fine of two million won is too unreasonable.

2. In light of all the circumstances alleged in the grounds of appeal, the lower court’s sentence is not deemed to be unreasonable, even if it is considered in full view of the following: (a) the Defendant commits the instant crime against the mistake of the Defendant; (b) the Defendant was under criminal punishment; (c) the Defendant has no record of criminal punishment; and (d) paid the victim the amount of KRW 5 million under the pretext of treatment expenses and agreement; and (c) the motive and background of the instant crime; (d) the circumstances before and after the instant crime was committed; and (e) other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s character and conduct, and the environment

3. The prosecutor’s appeal of conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that there is no ground for appeal by the prosecutor.

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