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(영문) 대구지방법원 2018.05.16 2018노902
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. Determination of the instant crime is a so-called trub violence that is socially problematic, and requires strict punishment to prevent the same kind of crime among the members of society.

The defendant was subject to juvenile protective disposition twice in the same kind, and on March 9, 2017, the Daegu District Court was sentenced to a violation of the Punishment of Violences, etc. Act (joint injury) in the Daegu District Court on March 9, 2017, and did not commit the crime of the same kind without being sentenced to two years of probation, even though he was under probation

However, the defendant seems to have recognized his mistake, against himself, and endeavored to recover damage.

On June 12, 2018, the Defendant entered the military service on June 12, 2018, and the suspension of execution is revoked upon sentence.

In addition, in full view of the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and all the conditions of sentencing as shown in the instant records and arguments, such as the circumstances after the crime, etc., the sentence imposed by the lower court was adequate and the lower court’s judgment of sentencing exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's assertion that the prosecutor's punishment imposed by the court below is too uneasible and unreasonable, as the prosecutor asserts.

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 appeal is without merit. It is so decided as per Disposition.

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