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(영문) 대구지방법원 2013.10.24 2013노1758
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the accused's nature of the grounds for appeal is poor, the punishment imposed by the court below (three million won of a fine) is too uneased and unreasonable.

2. In light of the background and method of the instant crime, there are many previous charges against the Defendant, and in particular, the Defendant was sentenced to a suspended sentence of 2 years for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and was sentenced to a suspended sentence of 2 years for the same reason, but did not know of the fact that the Defendant committed the instant crime.

However, the victim's injury level is relatively minor, the victim does not want the punishment against the defendant, and the defendant's mistake is against the wrong and not re-offending, etc. are favorable circumstances.

In this context, considering the various circumstances shown in the records and arguments such as the character, character, environment, etc. of the defendant, since the sentence imposed by the court below against the defendant cannot be deemed unfair, the prosecutor's above assertion is without merit.

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

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