beta
(영문) 대전지방법원 2014.11.20 2014노2729

상해

Text

The appeal by the prosecutor is dismissed.

Reasons

Summary of Grounds for Appeal

(F) The sentence of imprisonment (one year of imprisonment) of the court below is too unhued and unfair.

Judgment

The fact that the defendant has been punished by a fine or a sentence on several occasions due to violence, etc., and that the defendant committed the crime of this case at another time without being aware of even though he is during the period of the same repeated crime, and that there is no agreement with the victim H and J.

However, in full view of the following factors: violent crime group, general injury, type 1 (general injury), special aggravation factor (general injury), special aggravation factor (specific aggravation factor), special mitigation factor (specific aggravation factor) and special mitigation factor (specific mitigation factor) that are relatively minor, the degree of injury suffered by the victim H and J is relatively minor, various sentencing conditions such as Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and the sentencing guidelines set forth by the Sentencing Commission of the Supreme Court, and the crime 1 and 2: Group 1 (general injury), group of injury, special aggravation factor (specific aggravation factor) in the recommendation range (6 to 2 years): Group of violent crime, general injury, type 1 (general injury), special aggravation factor (where punishment is not imposed or considerable partial damage is recovered), the decision in the recommendation sphere (limited to mitigation factor), range of recommending punishment range (2 to 1 year): 6 to 34 April, 199.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition.