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(영문) 대전지방법원 2015.02.12 2014노3581

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (4 months of imprisonment) by the lower court is deemed to be undue and unreasonable.

2. The judgment of this case is based on the following circumstances: (a) while the defendant works in a singing room as an employee, he/she inflicted serious injury upon the victim's face by drinking with the customer for six weeks; (b) the nature of the crime is inferior and not yet agreed with the victim; (c) the defendant is an initial criminal without any criminal power prior to his/her delivery; (d) the first case is an initial criminal; (e) there are circumstances to be taken into account, such as the defendant's occurrence of the crime, arising from the victim's desire to avoid disturbance and talk in the state of detention; (e) the criminal facts are confession of the defendant; and (e) the defendant seems to have been detained on November 201, and the defendant seems to have been given a sufficient opportunity to reflect during the period of detention; and (e) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances before and after the crime, and thus, the defendant's assertion of unfair sentencing is unreasonable.

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