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(영문) 대구지방법원 2017.06.30 2015노2838

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is unreasonable as it is too unfasible to the extent that the penalty (7,000,000 won) is too unfased.

2. In the case of judgment, the defendant suffered injury on the ground that he had been convicted several occasions due to violent crimes, and even though he has been punished several times due to violent crimes, the crime of this case is very poor in the sense that he committed the crime of this case without being able to do so, and the habit of violent crimes is peeped.

However, there are favorable circumstances such as the fact that the defendant recognized the crime of this case and divided his mistake, and that he agreed with the victim.

In addition, considering the fact that the defendant has been detained for a considerable period of time due to the detention of this case, the defendant's age, sex, environment, motive and circumstance of the crime, etc., and all of the sentencing conditions as shown in the records of this case and theories after the crime, it does not seem that the punishment imposed by the court below is too unfeasible and unfair.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.