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(영문) 수원지방법원 2013.06.20 2013노536
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is as follows: (a) there is no good quality of each of the crimes in this case; (b) the victim suffered bodily injury in need of medical treatment for ten (10) weeks; and (c) the victim committed suicide; and (d) the defendant has not been able to repent by denying the crime since the investigative agency; and (c) the defendant has not been able to reach an agreement with the victim and his bereaved family members; and (d) the sentence of the court below sentenced to a suspended sentence of two (2)

2. In light of the fact that the degree of injury suffered by the victim is considerably significant, that the victim after the instant case led to suicide, that the victim did not agree with the victim, and that the victim was not injured, there is a need to punish the defendant with strict punishment.

However, when examining the motive and circumstances of this case, the defendant had no history of punishment except for those sentenced to a fine of small amount three times for young time, and considering the fact that the defendant, while the defendant was in a Baduk, frighting the other party by drinking the other party, and assaulting the victim while frighting the victim and frighting the victim at the underground parking lot, and then frighting the defendant, and then frighting the defendant into the underground parking lot, causing the victim by attacking the victim. As such, it seems that the victim was not liable for the above serious result, and that the defendant seems not to have expressed the above significant result, it appears that the defendant was old, and that the health situation of the defendant was not brightened due to the operation, etc., and other various circumstances such as the defendant's age, character and behavior, motive, means and consequence of the crime, etc., the prosecutor's assertion that the court below's punishment is too unreasonable and there is no reason to believe that the prosecutor's assertion is unreasonable.

3. If so, the defendant's appeal is justified.

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