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(영문) 대구지방법원 2015.04.22 2014노3038
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the suspended sentence of a fine of one million won) declared by the court below is too unhued and unreasonable.

2. In the judgment, the Defendant recognized the instant crime and reflected his mistake, and due to the parking cost, the Defendant and the victim interested in both the Defendant and the victim.

In full view of the facts leading to the instant crime, the victim agreed with the victim, the victim sought the Defendant’s wife, the degree of assault is relatively heavy, the injury suffered by the victim does not have any other criminal records except for one-time fine due to the crime of violating the Automobile Management Act, the Defendant does not have any other criminal records except for the one-time fine due to the crime of violating the Automobile Management Act, and the Defendant assumes a new family and prevents recidivism, and other various circumstances shown in the records and arguments, such as the Defendant’s age, character, conduct and environment, etc., the Defendant’s punishment imposed by the lower court is too unjustifiable, and thus, the prosecutor’s assertion is without merit.

3. Accordingly, 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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