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(영문) 대구지방법원 2017.07.21 2016노5061
폭행치상
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unhued and unreasonable.

2. The injury of the victim to the judgment is very serious and has undergone depression, water surface disorders, etc. up to now, and thus, it seems that considerable time will be required for the future medical treatment in the future. The fact that no agreement has been reached with the victim, and that the victim wants to strong punishment is disadvantageous.

On the other hand, the fact that all of the crimes of this case are led to confessions and reflects, contingent injury appears to have occurred that it is difficult to expect as a assault once, and the victim seems to have provided some motive for the assault of the defendant, and the victim is a primary offender who has no record of crime, but has not reached an agreement with the victim, but has made efforts for the repayment of damage by depositing KRW 8,80,000 to the victim in the first instance.

In addition, considering various conditions of sentencing as shown in the pleadings of this case, such as the Defendant’s age, sex, environment, motive and background leading to the instant crime, means and consequence thereof, and circumstances after the instant crime, the lower court’s punishment is too unfasible and thus, it cannot be deemed unfair. Thus, the prosecutor’s assertion is without merit.

3. According to the conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure; however, Article 206(1) of the Decree on Criminal Procedure is corrected to change “Article 206(1)” to “Article 260(1)” in the “applicable column of the lower judgment under Article 25(1) of the Rules on Criminal Procedure.

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