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(영문) 광주지방법원 2014.11.20 2014노780
상해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The fact that the victim is aged 80 years old and the degree of damage, such as suffering from injury, such as cage cages that require six weeks' treatment due to the crime of this case, seems to be weak, and that the defendant is not admitted to his mistake, and that it is disadvantageous that the victim did not agree with the victim and did not recover the damage.

However, in light of the favorable circumstances, such as the fact that there was no history of punishment since 1998, the defendant is also aged 79 years old, and the victim's serious injury seems to be affected by the suspect, and the age, health condition, personality and behavior, environment, the circumstances and result of the crime of this case, and all of the sentencing conditions indicated in this case, such as the circumstances after the crime, etc., the prosecutor's assertion is without merit, and thus, it is deemed that the sentence of the court below is too uneasible and unreasonable.

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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