beta
(영문) 대전지방법원 2020.12.16 2020노376

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. Considering that the Defendant, who had been punished several times due to the crime of injury identical to this case, etc. in the summary of the grounds for appeal, committed the crime of this case during the period of repeated offense, and thus, is highly likely to repeat the crime of this case during the period of repeated offense, and the method of assault and the degree of injury to the victim therefrom are very serious, the Defendant is still unable to receive a written application from the victim, the sentence of the court below (fine 3 million won) is too unreasonable.

2. We examine the judgment on the grounds of appeal, and the above circumstances alleged by the prosecutor are deemed to have been sufficiently considered in the court below’s determination of the punishment at the court below. Moreover, considering the following factors: (a) considering the fact of the instant case was committed by the Defendant, and the Defendant reflects in depth the mistake while committing the instant crime; and (b) circumstances that may be considered in the course of the instant case’s argument were observed, it does not seem that the sentencing of the court below exceeded the reasonable scope of discretion because it is too unfluent.

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