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(영문) 광주지방법원 2014.07.24 2014노366
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too uneased and unreasonable.

2. The degree of damage is significant, such as the victim's injury requiring treatment for about eight weeks; however, the defendant was unable to agree with the victim; and the defendant had a record of being punished for a fine in 2011 as a same crime.

However, in light of the favorable circumstances, such as the fact that the defendant's mistake seems to have been recognized, that the defendant deposited 8 million won for the victim, and that the crime of this case occurred after the victim, who is a substitute ship engineer, delivered the substitute ship by mistake, and that there are some circumstances to be considered in the course of recovering the substitute ship, and the circumstances leading to this case such as the age, character and behavior, environment, the circumstances and result of the crime of this case, and the circumstances after the crime, etc., the court below's punishment is too unjustifiable and unreasonable. Thus, the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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