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(영문) 서울고등법원 2016.02.17 2015노3154
중상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of reasons for appeal: Sentencing; and

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case is deemed to have been committed by assaulting a victim to the extent that the victim had expressed a desire for her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

However, the defendant recognized all of the crimes of this case and was in depth against the victim, and the defendant paid 13 million won to the victim side up to the original trial. The defendant continues to make efforts to recover damage by paying additional 12 million won to the victim side. In addition, the committee for deliberation on economic support for the victim of the crime of Incheon District Public Prosecutor's Office paid 10,863,190 won to the victim as medical expenses. The defendant repaid 2 million won to the Incheon District Public Prosecutor's Office.

Prior to the crime of this case, there is no record of criminal punishment exceeding the same kind or suspended execution, there is a child in need of support from the defendant, and if the custody of the defendant is prolonged, the family of the defendant seems to suffer economic difficulties, etc. are favorable to the defendant.

In addition, various conditions of sentencing, such as the defendant's age, sex, environment, motive and circumstance leading up to the defendant to commit the crime of this case, circumstances after the crime, etc., and the sentencing guidelines of the Supreme Court sentencing committee applicable to this case are followed.

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