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(영문) 대구지방법원 2019.08.30 2019노1709
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, two years of probation) declared by the court below is deemed to be too unhued and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(2) In light of the aforementioned legal principles, the lower court, based on the foregoing legal doctrine, determined a punishment by taking account of favorable circumstances, such as the following: (a) the Defendant’s previous criminal records; (b) the Defendant’s use of the Defendant’s criminal records; (c) the Defendant’s use of the crime was not somewhat weak; (d) the degree of injury inflicted on the victim’s injury and damage to property; and (e) the crime of interference with business, etc. where judgment becomes final and conclusive at the same time as the crime of interference with business becomes final and conclusive; and (c) there was no special circumstance or change of circumstances that may be assessed differently from the sentencing conditions of the lower court in the trial; and (d) the Defendant’s age, character and conduct, environment, motive of the crime; and (e) the circumstances after the crime, etc., which are the conditions of sentencing specified in the argument in the instant case, cannot be deemed unfair to the extent that the sentence imposed by the lower court is too unfluened so far as it is too unreasonable

Therefore, 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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