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(영문) 수원지방법원 2017.12.14 2017노7928
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (the imprisonment of six months, the suspension of execution of two years, and the community service order of 80 hours) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. The instant crime committed by the Defendant, on October 21, 2015, was committed by assaulting a victim who drinked alcohol at the time of the Defendant’s house on December 10, 2015, and the victim, on December 10, 2015, demanded the above injury treatment expenses from the Defendant’s house, thereby threatening the victim in a knife and assaulting the victim in a knife to the bones, thereby harming the victim in the same knife bones, and thus, the crime is not very good in light of the circumstances of the crime.

In addition, the defendant was unable to recover damages or to agree with the victim.

However, in light of the following: (a) the Defendant’s crime of bodily injury against the victim is both recognized and against each other; (b) the victim appears to have never been subject to criminal punishment in Korea; (c) there is no record of criminal punishment in Korea; and (d) the Defendant’s age, sex, environment, family relationship, motive for the crime and circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too uneasible and unfair, and thus, the Prosecutor’s assertion is without merit.

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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