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(영문) 대전지방법원 2014.10.29 2014노531

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a term of one year, two years of suspended sentence, probation, and community service order 200 hours) of the lower court’s sentence against the Defendant is deemed to be too uneasible and unfair.

2. The crime of this case, however, was committed by the Defendant unilaterally, and the Defendant committed intimidation to prevent the Defendant from filing a report jointly with F, and the Defendant’s mental shock level was significant at the time, and the Defendant again committed the crime of this case during the suspended execution period due to the same kind of crime, and the Defendant had seven criminal records, such as two times the suspended execution period and three times the same criminal records of fines, are disadvantageous to the Defendant.

On the other hand, the fact that the defendant reflects the crime of this case, the defendant seems to have caused the crime of this case by causing the victim and the trial expenses during the night, and the defendant recovered the damage of the victim and agreed that the victim is the prior wife to the defendant, etc. are favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., the lower court’s sentence is too uneasible and unreasonable, and thus, the Prosecutor’s allegation of unfair sentencing is not acceptable.

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.