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(영문) 대전지방법원 2015.11.19 2015노2635
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, two years of suspended execution, and 40 hours of community service order) of the lower court against the Defendant is deemed unreasonable.

2. The fact that the victims of the judgment want to punish the defendant, and the victim F appears to be relatively serious in the case, is disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant, such as the confession of the crime of this case, the defendant reflects his mistake, and deposit KRW 3 million for the victim F, and the defendant's primary offender who has no criminal power, and the case seems to have been somewhat contingent during the dispute between the defendant's side and the victims, there are some circumstances to be considered in light of the circumstances favorable to the defendant, such as the defendant's age, character, character, environment, motive, means and consequence of the crime, various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, environment, motive, means and consequence, circumstances before and after the crime, and the scope of recommended sentencing guidelines established by the Supreme Court's sentencing guidelines, the court below which has suspended the execution of imprisonment with prison labor for the defendant in addition to the community service order, is deemed unreasonable. Thus, the prosecutor's assertion is without merit.

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

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