beta
(영문) 대전지방법원 2016.09.28 2015노2569

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (2.5 million won in penalty) is deemed to be too uneasy and unreasonable.

2. The instant crime was committed in a hospital emergency room at night, resulting in a disturbance of alcohol in the hospital emergency room, and causing bodily injury to the staff of the hospital that prevents such disturbance, and is not good in the nature of the crime, and the Defendant has a large number of same criminal records, and the Defendant committed the instant crime again during the suspended execution period.

However, in full view of the following: (a) the degree of injury to the victim is easy; (b) the agreement was reached by the lower court; (c) the Defendant was found to have been erroneous by the Defendant; (d) the Defendant was diagnosed by the Malaam on November 2014; and (e) the Defendant’s health condition was not good by undergoing the Malaam surgery on June 2015; and (e) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (e) other various sentencing conditions, such as the Defendant’s age, sex, motive, means and consequence of the crime; and (e) the circumstances after the crime,

Therefore, the prosecutor's above assertion is without merit.

3. 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 without merit. It is so decided as per Disposition.