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(영문) 부산지방법원 2014.01.09 2013노2742
상해
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (ten months of imprisonment, two years of suspended execution, and 80 hours of community service) is too uncomfortable and unfair.

Judgment

In light of the following circumstances: (a) the degree of injury suffered by the victim G is not easy; (b) the victims wished to punish the defendant; (c) the defendant has been subject to criminal punishment several times prior to the crime of this case; and (d) the investigation process and court of the court below denied the crime of this case; (b) the defendant has committed an act against the defendant; (c) the defendant has deposited KRW 5 million for the victim G and one million for the victim E respectively at the court of the court below; and (d) the defendant has made efforts to recover damage by additionally depositing KRW 3 million for the victim G at the trial; (d) the defendant has expressed desire to the packaging owner of the victim's body while drinking alcohol, and appears to have caused the victim to commit the crime of this case, and the defendant has been subject to criminal punishment several times before the crime of this case; and (e) the defendant has denied the crime of this case in the investigation process and court of the court below. Considering the motive and circumstance of the crime of this case, the defendant's age after the crime of this case, the defendant's character and conduct and circumstances, etc.

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

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