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(영문) 대전지방법원 2018.09.21 2018노510

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 (1.5 million won in penalty) is too unhued and unreasonable.

2. The judgment of the court below is an unfavorable circumstance to the defendant that the defendant used assaulting the victim during the repeated period to inflict an injury upon the victim during the repeated period, and agreed to pay the agreed amount to the victim, but the victim delayed the payment of agreed amount after the decision of the court below was rendered and submitted to the court of first instance a written application for coal payment requesting the victim to be punished by severe punishment.

However, the defendants recognize their mistakes and repent.

After the victim's birth, the victim has paid the agreed amount to the victim, and the victim has not been punished again.

After the occurrence of the case, the defendant paid the prescribed medical expenses to the victim, and D paid 1 million won on behalf of the defendant.

After about six months from the occurrence of the case, the victim filed a complaint against the defendant, and there is no objective data on the degree of injury or treatment of the victim.

In addition to these circumstances, no particular change of circumstances can be found in the matters requiring the conditions of sentencing after the sentence of the lower judgment. Taking into account the following circumstances, the lower court’s sentencing exceeded the reasonable scope of discretion by excessively unhurding the sentencing, comprehensively taking into account the Defendant’s age, sexual conduct, environment, the developments and mode of the instant crime, and the history of the instant crime.

subsection (b) of this section.

We do not accept the prosecutor's improper argument of sentencing.

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.