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(영문) 대전지방법원 2013.11.28 2013노2282
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (one year and six months of imprisonment) is too unhued and unreasonable.

2. The judgment of the court below is that the defendant was punished by imprisonment or a fine on several occasions for a crime related to the same kind of violence. Each of the crimes of this case committed during the suspension period of imprisonment due to the same kind of crime as to the victim C, and the nature of the crime is very heavy in light of the law or circumstance of the crime. The degree of injury inflicted upon the victim I due to the traffic accident of this case is severe and the victim I did not agree with the above victim up to the present time. The damage of each of the crimes of insult and obstruction of performance of official duties is not recovered, but it is acknowledged that the defendant led to the confession and rebuttal of each of the crimes of this case, agreement with the victim C of the crime of this case was reached. The victim I was negligent near the crosswalk at the time of the traffic accident of this case without permission in violation of pedestrian signal at the time of the traffic accident of this case, and it appears that the victim's negligence contributed to the expansion of the occurrence and damage of the traffic accident of this case, and all of the sentencing conditions after the defendant's age, character and conduct, etc.

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

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