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(영문) 대전지방법원 2015.05.20 2014노3373
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court on the Defendant is too unfased and unreasonable.

2. Determination is that the victim, the principal point of which is the victim due to a shortage of balance of debit cards presented by the defendant for calculating the drinking value, demands the payment of the drinking value by other means, and the defendant inflicted an injury on the victim. Thus, in light of the motive and circumstance of the crime, it is not good that the crime of the defendant is committed; that the defendant has been suspended from execution once for the same crime; that there was a history of having been sentenced to a fine once for the same crime; and that the defendant committed the crime of this case within the period of repeated offense after completing the execution of imprisonment for the same crime is disadvantageous to the

However, the fact that the defendant led to the crime of this case and reflects his mistake in depth, that the injury of the victim is relatively minor, that the defendant recovered from the damage and that the defendant agreed with the victim (the 24 pages of the trial record) is favorable to the defendant.

In full view of the above circumstances and other circumstances after the instant crime, including the circumstances after the instant crime, Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the oral argument, there is no change in circumstances to determine the sentence different from the original judgment, the lower court’s sentence is too uneasible and unreasonable. Thus, the Prosecutor’s allegation of unfair sentencing is rejected.

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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