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(영문) 대전지방법원 2015.07.02 2014노3744

상해

Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months and two years of suspended execution) of the original judgment is deemed to be too unhued and unfair.

2. The instant crime committed was committed by the Defendant for a minor reason, resulting in injury to the victim C, and furthermore, the victim D, who was under the influence of the victim C, has a conflict with the victim D, who was under the influence of the victim C.

The fact that the crime was caused by injury is not less severe, the victims want to punish the defendant, and the victims did not agree with the victims are disadvantageous circumstances.

However, there are extenuating circumstances, such as the Defendant’s misunderstandings in depth and reflects the Defendant’s mistake, the primary offender who has no record of criminal punishment, the victim C paid KRW 2 million according to the Reconciliation Recommendation Decision, and deposited KRW 10 million for the victim D. The crime of this case according to the sentencing guidelines established by the Sentencing Committee established by the Supreme Court sentencing Committee. The crime of this case is classified into violent crime group, general injury type 1, special injury type 1, special person (minor injury), decision scope of recommending sentence (two to one year), recommendation range (two-one year): violent crime group, general injury type 1, special person who has no record of criminal punishment, decision scope of recommending sentence (basic area), recommendation range (4 to one year 6), recommendation sentence range, major pride factors that make it possible to suspend execution as to the victim C: the court below’s final sentence scope, 4 to one year 2 year , execution period, etc.; the defendant’s age, character and behavior and environment as a result of the crime of this case; the court below’s sentencing is unreasonable.

3. The appeal filed by the prosecutor with the conclusion is groundless, and the appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.