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(영문) 청주지방법원 2014.07.18 2014노329
상해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. As to the grounds for appeal of this case, the Defendant’s judgment on the grounds for appeal of this case is against the recognition of all the crimes of this case, the result of the instant injury appears to have occurred in the course of covering the Defendant and the victim’s dead cost, the lower court deposited KRW 3 million for the victim, and the Defendant did not have any criminal record exceeding the fine, etc. are considered in favor of the Defendant.

On the other hand, the crime of this case was committed by the defendant beyond the victim's face face, thereby causing bodily injury to the victim with no open room, and could have caused serious results to the victim. The defendant left the site and left the site for about 40 minutes until the victim left the site and arrive in the first-aid vehicle, and the victim was tried to be punished against the defendant because it did not reach an agreement to the trial even though the victim's degree of injury was serious, etc.

Considering the above circumstances and the Defendant’s age, character and conduct, career, environment, the background and consequence of the instant crime, and all of the sentencing conditions indicated in the instant records and pleadings, such as the circumstances after the crime, the lower court’s imprisonment (eight months) is deemed too uneasy and unreasonable.

It cannot be deemed that it is improper or too unreasonable.

2. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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