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(영문) 창원지방법원 2013.12.12 2013노1783
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two years of suspended execution in August, and one hundred and sixty hours of community service) is deemed to be too unhued and unfair.

2. The determination is based on the following facts: (a) the Defendant did not agree with the victim until the trial was held; and (b) the degree of injury suffered by the victim was serious.

However, the defendant recognized the crime of this case and reflects his mistake in depth, the defendant was the first offender who has no criminal history, and the defendant paid 9.4 million won to the victim as medical expenses. The defendant and his parents agreed to compensate for damages caused by the victim's total medical expenses and after-the-counter disability, and thus it seems that the payment of damages will be made even for the future losses. In addition, in full review of all the sentencing conditions of the defendant's age, character, character, character, intelligence and environment, motive, background, means, methods, methods and results of the crime, criminal record relation, and circumstances before and after the crime of this case, etc., the prosecutor's allegation of unfair sentencing is without merit.

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

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