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(영문) 대전지방법원 2020.04.23 2019노2409
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below (two years of suspended sentence in six months of imprisonment) is too unhued.

2. Although the victim’s injury is serious, the conciliation, including the fact that the defendant had no record of criminal punishment for the same kind of crime, and the victim does not want the punishment for the defendant, was formed in the course of divorce proceedings between the defendant and the victim on March 19, 2020, taking into account all the sentencing conditions of the defendant’s age, character and conduct, environment, family relationship, the background and result of the crime, and the circumstances after the crime, it is not recognized that the sentence of the court below is too weak.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground of appeal.

However, since it is obvious that the “election of fine” as stated in the third and second sentence of the judgment below is a clerical error in the “election of imprisonment”, it shall be corrected ex officio in accordance with Article 25 of the Regulations

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