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(영문) 대구지방법원 2019.05.28 2018노4833
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 4 million won) imposed by the lower court is too unhued and unreasonable.

2. The Defendant, who had been punished more than 10 times for a judgment violent crime, committed the instant crime again during the period of repeated crime due to the same kind of crime.

However, the defendant recognized and opposed to his mistake, and agreed with the victim.

Defendant

In addition, the victim was assaulted by the victim, and the degree of injury suffered by the victim seems not to be too serious.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, there is no special circumstance or circumstance newly considered in the sentencing after the sentence of the lower judgment, the sentence that the lower court rendered is too unreasonable and unreasonable.

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

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