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(영문) 대전지방법원 2015.05.22 2014노3903

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year of imprisonment, two years of suspended execution, and two years of probation) is deemed to be too unhued and unfair.

2. Determination

A. Even though the Defendant could have been in the same kind of violence, the Defendant has repeatedly committed the crime of assault and bodily injury in another short period, and the nature of such crime is not weak.

B. On the other hand, there are extenuating circumstances, such as the fact that the Defendant was not sentenced to both punishment and the confession of all crimes, and the degree of damage of the victims is minor.

In addition, in full view of the Defendant’s age, economic situation, family relationship, living environment, background and result of the crime, etc., the sentence of the lower court is adequate.

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