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(영문) 대구지방법원 2017.03.23 2016노3778

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below against the defendant as to the summary of the grounds for appeal is unreasonable.

2. The lower court rendered the said sentence by taking into account favorable circumstances, such as the Defendant’s recognition of the instant crime and reflecting the Defendant’s mistake in depth, and the fact that the Defendant agreed with the police officer.

In full view of all the sentencing conditions, such as the Defendant’s age, health status, sex, environment, family relationship, circumstances leading to a crime, means and result, scale of the crime, and circumstances after the crime, other than the circumstances that take account of the aforementioned unfavorable and unfavorable circumstances, the Defendant’s sentence on the ground of the above judgment by the lower court is deemed appropriate, and the sentencing judgment by the lower court exceeded the reasonable bounds of discretion.

There is no circumstance that evaluation or maintenance is deemed unfair (see Supreme Court Decision 2015Do3260 decided July 23, 2015). Thus, the prosecutor’s above assertion is without merit.

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