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(영문) 대전지방법원 2015.10.08 2015노878
상해등
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 8 months and 2 years of suspended execution) is deemed to be too uneasible and unfair.

2. The crime of intimidation of this case, which is determined by the following circumstances: (a) it is not good to the nature of the crime by taking advantage of the relevant method; (b) it appears that the victim was suffering from considerable mental impulse and pain; (c) the degree of injury the victim suffered from the crime of this case is relatively heavy; and (d) in light of the risk of the form of the crime, the liability for the crime does not be somewhat weak; and (d) the defendant did not agree with the victim; and (e) he did not endeavor to recover damage.

However, there are extenuating circumstances such as the defendant's mistake against himself/herself, the first offender who has no record of criminal punishment, the fact that he/she seems to have committed each of the crimes of this case by contingent, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, the relation between the defendant and the victim, and the scope of recommended sentence according to the sentencing guidelines of the Supreme Court for each of the crimes of this case is from six months to three months in prison, and the first crime: violent crime group, general injury group, first (general injury), second (injury), second and third crimes), second and third, the scope of recommended sentence (or second to six months), second and third: violent crime group, first category (general intimidation), the area of recommended sentence, second sentence of imprisonment with prison labor, second sentence of recommendation (non-reguable motive), second sentence of imprisonment with prison labor, second sentence of imprisonment with prison labor, second sentence of imprisonment with prison labor, second sentence of imprisonment with prison labor, second sentence of imprisonment with prison labor, second sentence of imprisonment with prison labor, second sentence of three years to the main reasons for probation (one to six months or six months).

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