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(영문) 광주지방법원 2016.11.03 2016노956
특수상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, three years of suspended execution, three years of probation, three years of social service, 200 hours of imprisonment) of the lower court is deemed to be too uneasy and unfair;

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of this case was committed by a shoulderer who is a dangerous object of the defendant, thereby causing bodily injury to the victim requiring approximately two weeks of medical treatment. As such, the crime of this case was committed in itself, resulting in the risk of serious consequences. Therefore, the nature of the crime was bad.

The Defendant again committed the instant crime even though he/she had a record of criminal punishment over several times for the same crime.

On the other hand, it is favorable that the defendant reflects his mistake, and that the victim does not want punishment against the defendant by mutual consent with the victim.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, the prosecutor’s assertion is without merit.

3. 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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