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(영문) 대구지방법원 2017.02.10 2016노5179

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. The judgment of the defendant has been subject to punishment several times, including three times of imprisonment for the same crime. In particular, the defendant committed the crime of this case without being aware of himself even though he was serving in prison due to the same crime. However, although there are unfavorable circumstances such as the defendant's confession of the crime of this case, the defendant's confession of the crime of this case is against himself, the injured party is not willing to be punished by the defendant, and the defendant's age, sexual behavior, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions stated in the records and arguments of this case, such as the defendant's age, sex, sex, environment, motive, means and consequence of the crime of this case, etc., it cannot be deemed unfair because the sentence imposed by the court below

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