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(영문) 서울서부지방법원 2019.02.14 2018노1393
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two million won of a fine) is too unhued and unreasonable.

2. The degree of injury suffered by the victim is not easy;

However, the defendant set up against the victim one time, and the victim was sentenced to death and bear part of the medical expenses immediately after the crime, and 3 million won was deposited in the court below and made efforts to recover the damage.

In the civil case, the defendant was decided to pay KRW 10 million in the civil case, and the victim was compensated for damages in full, and the agreement was submitted.

Defendant is an initial offender who has no criminal record.

In addition, comprehensively taking into account the following circumstances, such as the Defendant’s age, character and conduct, environment, background, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed as being too uneasible and unreasonable.

The prosecutor's assertion of unfair sentencing is not accepted.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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