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(영문) 대구지방법원 2020.09.17 2019노4891
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, and two hours of community service order) declared by the court below is too unhued and unreasonable.

2. The degree of injury caused by the instant crime is not somewhat weak, the Defendant did not receive a punishment from the victim, and the victim wanted to be punished by the Defendant. However, the Defendant recognized the instant facts charged and reflects his mistake, and the Defendant appears to have endeavored to recover from damage caused by a primary crime without any criminal power, taking into account the following factors: the Defendant’s age, character and behavior, environment, family relationship, circumstances after the instant crime, etc., and all of the sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, character and behavior, family relationship, etc., and thus, it is not recognized that the lower court’s punishment is too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

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

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