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(영문) 대전지방법원 2017.09.27 2017노2310
상해등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal (for defendant A, two years and six months in imprisonment; for defendant B, two years in imprisonment) of the lower court is too heavy or it is unreasonable to frighten off;

2. The defendants recognized all of the instant crimes and reflect the truth in depth, etc. in favor of the defendants to determine the grounds for appeal.

However, the crime of this case is an unfavorable circumstance, such as the following: (a) the Defendants, by taking over and distributing the passbook, or by forging documents, made the passbook in the name of a juristic person and sold it after opening the passbook in the name of a juristic person; (b) the nature of the crime is extremely poor in light of the crime process, method, frequency, etc.; (c) the Defendants actually used the passbook distributed by the Defendants for the crime of smoking; and (d) there were other damages; (b) the Defendants appears to have obtained considerable profits from the crime of this case; (c) the Defendants did not make every effort to recover the damage even if they suffered serious bodily injury to the victims E; (d) the Defendants repeatedly committed the crime of this case without being aware of during the period of repeated offense; and (e) the Defendants were able to have identical and different criminal records.

In full view of the above circumstances and other circumstances, the lower court’s punishment is too heavy or unreasonable, taking account of the following: (a) there is no special change in circumstances that make different from the lower court’s sentencing conditions as indicated in the instant records and theories, such as the Defendants’ age, sex, environment, background of the crime, means and consequence of the crime; and (b) the circumstances after the crime.

Therefore, the Defendants and the Prosecutor’s above assertion are without merit.

3. The applicant E seeking compensation for damage compensation amounting to KRW 5,00,000,00 for medical expenses and mental damage for the crime of injury committed by Defendant A in the first instance.

In this regard, the scope of the defendant's liability to compensate for the above medical expenses and consolation money is limited only to the circumstances or materials presented by the applicant.

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