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(영문) 춘천지방법원 강릉지원 2013.03.19 2012노405
상해
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (the fine of 3.5 million won) is too unhued and unfair.

However, since the defendant suffered from the injury of the victim D due to the minor reason, and the victim E and E who was found to have been contacted by D due to the contact with D, the crime is not good.

On the other hand, however, the degree of each injury suffered by the victims is not much more than 1 week and 4 weeks, the defendant's mistake is recognized and reflected, the defendant's deposit of 500,000 won with the deposited person is also possible, E does not take lawful measures such as reporting to the police, and the defendant's departure from the police, causing or expanding the above fighting by exercising violence, such as the defendant's departure, etc., and the defendant also suffered three monitous injury, such as the violence from E, and the defendant was issued a summary order of KRW 1,00,000,000,000,000 won, and the defendant was punished two times for the same crime, but all other circumstances such as the defendant's age, character and conduct, motive, means and result of the crime, etc., are considered to be unfair, and the sentencing of the court below is too inappropriate.

Therefore, the appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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