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(영문) 대구지방법원 2017.08.23 2017노1712

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, the community service order 80 hours, and the lecture order 40 hours) imposed by the court below is too uneasible and unreasonable.

2. The judgment of the court below is recognized that the defendant committed the crime of this case during the period of probation, and that the defendant has a majority of the punishment records for violence-related crimes, but on the other hand, the defendant recognized the facts charged and reflected his mistake, the defendant agreed that the degree of injury suffered by the victim was not limited, and the defendant did not have any criminal record, and considering all the sentencing conditions in the records of this case, such as the defendant's age, sex behavior, environment, family relationship, and circumstances after the crime, the court below's punishment is too uneasible and unfair, and thus the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (5) of the Criminal Procedure Act, since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.