2013No1077 Violation of the Punishment of Violences, etc. Act (joint injury), Bodily Injury

A person shall be appointed.

Prosecutor

anti-ranking officers (prosecutions) and Lee Jin (Public Trial)

Attorney Jeong-hee (National Ship)

Ulsan District Court Decision 2013No3379 Decided November 28, 2013

March 14, 2014

The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal;

In light of the overall circumstances of this case, the punishment sentenced by the court below to the defendant (the punishment of 8 months of imprisonment and 2 years of grace period) is too unhued and unfair.

2. Determination:

Although the Defendant committed the instant crime, there were unfavorable circumstances, such as that the victims were injured for a period of 21 days, 42 days, and that the degree of the injury was not less than that of the victims, and that the victims did not receive an application from the victims until the trial was held, the Defendant was in depth divided his mistake, that the Defendant deposited KRW 8 million for the victims B, and that the Defendant deposited KRW 2 million for the victims C, as well as other factors of sentencing as shown in the instant argument, such as the Defendant’s age, character and conduct, environment, and the former and latter circumstances, it is not recognized that the lower court’s punishment is too uneasible and unfair.

3. Conclusion

Therefore, since the prosecutor's appeal is without merit, it is decided as per Disposition by the decision that it be dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

Judges fixed line

Judge Senior Professor

Judge Completion Notes