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(영문) 대전지방법원 2014.09.25 2014노606

상해

Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months and 2 years of suspended execution) is too uneased and unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant for the following reasons: (a) the defendant was seriously injured by the victim on the ground that it would obstruct the progress of the vehicle; (b) the nature of the crime is not good; (c) the defendant did not agree with the victim; and (d) the defendant

However, there are extenuating circumstances such as the fact that the defendant repents and reflects his mistake, the fact that the defendant deposited KRW 5 million for the victim, the fact that the defendant seems to have committed an contingent act while drinking, and the fact that he must rear his wife and the child that has passed.

In this context, the recommended sentence according to the sentencing guidelines set by the Supreme Court's Sentencing Committee is from six months to two years of imprisonment, general injury, type 1, person under special employment (serious injury), increased area, and the scope of recommended punishment (two months to two years of imprisonment). The main reasons for suspension of execution are as follows: (a) it is possible to suspend execution; and (b) it is possible to hold the Defendant's age, character and conduct, environment, motive and circumstances of the instant crime, means and consequence of the instant crime, and all the sentencing conditions, such as the circumstances before and after the crime, etc., it is not recognized that the sentence of the court below is too unreasonable.

3. The final appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is groundless. It is so decided as per