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(영문) 창원지방법원 2014.07.23 2013노2518
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (two months of imprisonment and two years of suspended execution) is deemed unreasonable.

2. As to the grounds of appeal, the Defendant assaulted the victim on the ground that the victim did not respond to the other workplace rent that the victim brought about goods and continued his work without responding to the horses of the other workplace rent, thereby resulting in the victim’s injury, such as unfeliness, which requires medical treatment for 56 days, and the victim’s right-hand bridge in the course of the above assault. In light of the motive of the crime and the method of the crime, the nature of the crime is bad, the degree of the victim’s injury is considerably heavy, and the Defendant did not agree with the victim, and the victim wanted to punish the Defendant.

However, the Defendant, as a primary offender, recognized that all of the instant crimes were recognized, and that the Defendant deposited a sum of KRW 13 million in the victim’s future for the recovery of damage (including KRW 5 million additionally deposited at the court below). In full view of the Defendant’s age, character and conduct, family relationship, circumstances leading to the instant crime and circumstances after the instant crime, etc., it is difficult to deem that the lower court’s punishment is excessively unjustifiable and unreasonable.

Therefore, 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 as it is without merit. It is so decided as per Disposition.

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