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(영문) 대구지방법원 2017.03.15 2016노2556
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the lower court on the Defendant (ten months of imprisonment, two years of suspended sentence, two years of suspended sentence, and observation of protection) is too uneased and unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant’s 71-year-old women’s face face with the 71-year-old women’s face face, and thus, has been bad in quality, the victim’s injury part and degree are serious, and the Defendant has records of the same kind of crime four times.

However, considering favorable circumstances, such as the fact that the Defendant voluntarily declared 112 immediately after the commission of the crime, the fact that the Defendant agreed with the victim, and the fact that the Defendant has no record of criminal punishment exceeding the fine, the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., the lower court’s punishment is too uneasible and unfair, and thus, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.

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