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(영문) 대전지방법원 2020.05.27 2019노1814

특수상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is unreasonable in light of the following: (a) the lower court’s punishment (ten months of imprisonment, two years of suspended execution, two years of community service, and 120 hours of imprisonment) is too low, considering the fact that the matter is very serious in light of the tool of the instant crime and the degree of the injury and the degree of the injury.

2. In light of the judgment, the above unfavorable circumstances asserted by the prosecutor in the grounds of appeal are deemed to have been sufficiently considered in the court below’s determination of the punishment at the court below, and there is no record that the defendant committed the crime in this case and had been punished in depth and exceeding the fine. The victim was not punished against the defendant, as well as other factors such as the defendant’s age, character and behavior, environment, circumstances, means and consequence of the crime, and circumstances after the crime, etc., it cannot be recognized that the court below’s determination of the punishment is too unfeasible and it exceeded the reasonable scope of discretion.

3. In conclusion, the prosecutor's appeal 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.