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(영문) 대전지방법원 2016.11.03 2016노1264
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for up to eight months, probation, probation, and pharmacologic treatment) of the lower court against the Defendant is deemed unreasonable.

2. The judgment of this case is the case where the defendant inflicted an injury on a child who has no ability to defend, and the fact that the crime is not good, etc. is disadvantageous to the defendant.

However, in full view of the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime and the concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment should be determined in consideration of equity in the event that the instant crime is concurrent crimes with the judgment of the court below. In full view of various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc., the Defendant’s sentence against the Defendant is too unreasonable, and thus

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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