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(영문) 수원지방법원 2017.04.14 2016노4347
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. The crime of this case is a case where the defendant, as a matter of drinking, had the face of the victim several times and caused the defendant's chest to stroke, and the crime is bad in light of the method of crime, etc., and the victim seems to have been physically and physically shocked. Nevertheless, the fact that the defendant did not receive a letter from the victim is disadvantageous to the defendant.

On the other hand, the following points are favorable to the defendant.

The defendant is the first offender.

The defendant is the victim who is the victim.

The crime of this case seems to have been committed contingently by the net defect.

The Defendant made efforts to agree with the victim.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, relationship with the victim, etc., various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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