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(영문) 대구지방법원 2013.07.25 2013노795

존속상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to eight months of imprisonment, two years of suspended execution, and 80 hours of community service) declared by the court below is too unfased and unreasonable.

2. The Defendant is the first offender, and the Defendant appears to have committed the instant crime in a contingent manner while having a dispute with satisfics.

The defendant has been divided in depth and reflects his fault, and withdraws a divorce lawsuit filed against her husband and live faithfully as a family member.

In addition, comprehensively taking into account the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and all the sentencing conditions as shown in the pleadings, it cannot be said that the sentence imposed by the lower court is too uneasible and 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.