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(영문) 수원지방법원 2019.03.28 2018노6820
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant, even though the Defendant perceived that he had stolen the victim’s own galth, and caused bodily injury, such as by cutting off the body of the victim’s face that needs to be treated for about eight (8) weeks by drinking and exposing the victim’s face, in light of the method and content of the crime, etc., the nature of the crime was inferior in light of the method and content of the crime, the victim appears to have suffered a large mental and physical pain due to the crime of this case, and the degree of the injury is very serious, it is deemed that it was already considered in the sentencing of the lower court.

In addition, in full view of the circumstances such as the fact that the Defendant led to the instant crime and reflects his mistake, the victim appears to not want punishment against the Defendant under the influence of alcohol, the fact that the victim faithfully fulfilled the terms and conditions of agreement and paid the full amount of the agreed amount to the trial at the time of the party, the family and social relation seems to be relatively clear, and the fact that there is no record of criminal punishment in the Republic of Korea, etc., the equity of sentencing with the cases of the same and similar type of crime, the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., it is not recognized that the lower court’s punishment is unfair because it is too uneasible.

Therefore, the prosecutor's above assertion is not accepted.

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

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