(영문) 의정부지방법원 2017.02.09 2016노3157

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Reasons

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자간(%)

(영문) 의정부지방법원 2017.02.09 2016노3157

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the injury of D, which was found not guilty of the lower court by misunderstanding the facts and misapprehension of the legal doctrine (as to the non-guilty part), the lower court found the credibility of the victim’s statement together with other indirect evidence. According to the evidence submitted by the prosecutor, such as the victim’s statement, the lower court acquitted the Defendant of this part of the facts charged even if the facts charged were fully convicted. In so determining, the lower

B. The sentence sentenced by the lower court to the Defendant (the amount of KRW 500,000,000) is too unhued and unfair.

2. Determination

A. The lower court, based on its stated reasoning, cannot recognize the credibility of the victim’s statement on the facts charged, for the reasons indicated in its reasoning.

In light of this, the lower court acquitted this part of the charges.

In full view of the circumstances in the reasoning of the court below acknowledged by the evidence, the above judgment of the court below is just and it is erroneous in the misapprehension of legal principles as alleged by the prosecutor.

subsection (b) of this section.

Therefore, the prosecutor's above assertion cannot be accepted.

B. It is recognized that the defendant did not agree with the victim so that he/she would be subject to the judgment of the court on the unfair argument of sentencing.

However, the defendant seems to have committed the crime of this case in contingency, and the degree of injury suffered by the victim is relatively minor.

A defendant has no record of criminal punishment, except that he/she has been punished by a fine for a violent crime before about 23 years have elapsed.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too uneasible and unfair.

Therefore, the prosecutor's improper assertion of sentencing is not justified.

3. Conclusion.

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