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(영문) 전주지방법원 2013.05.24 2013노125
상해
Text

Defendant

B All appeals filed against the Defendant A by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of Defendant B, the sentence of the lower court (fine 1,500,000) is too unreasonable.

B. According to the prosecutor's statement, etc., the court below found Defendant A not guilty of the facts charged of this case against Defendant A while recognizing that Defendant A inflicted an injury on Defendant B.

2. Determination on the grounds for appeal

A. The favorable circumstances are recognized such as the injury inflicted on Defendant A due to the instant crime, which is relatively minor, and the fact that the Defendant did not have a criminal record subject to punishment for the same kind of crime.

However, in full view of the various sentencing conditions of Article 51 of the Criminal Act as stated in the instant case, including Defendant B’s age, character and conduct, intelligence and environment, criminal record relationship, motive and circumstance of the crime, etc., the lower court’s sentence against Defendant B is too unreasonable, and thus, it is not acknowledged that the Defendant B’s allegation of unfair sentencing is unreasonable, on the grounds that the Defendant B’s punishment against Defendant B is too unreasonable.

B. On May 19, 2012, Defendant A, the summary of the instant facts charged against Defendant A of the instant case, which was acknowledged by the evidence duly adopted and investigated by the lower court, was injured by the victim B, who did not pay the value of cosmetics that the victim B ought to pay to himself/herself within the Masan Park, which is located in the Sinsan-si Transportdong of Gunsan-si, and caused the injury of the victim B, such as the right shoulder for 10 days because the chest part was pushed back once in the process of dispute over the entreshion of the entreshion. 2) The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court. In other words, Defendant B is the same.

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