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(영문) 대구지방법원 2019.09.19 2019노2318

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court is deemed to be too unhued and unfair.

2. The degree of injury suffered by the victim is not minor when the defendant, who has been punished several times as a judgment violent crime, committed the instant crime in prison.

The defendant was unable to receive a letter from the victim or to agree with the victim.

However, the defendant recognizes his mistake and reflects his fault.

The defendant used some of his custody money as medical expenses of the victim.

It shall take into account the equity between the case where the judgment of the court below was rendered at the same time as the injury crime becomes final and conclusive.

Considering this point in light of the circumstances favorable to the defendant, and comprehensively taking account of the following: the defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is too low and is not unreasonable.

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