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(영문) 대구지방법원 2019.10.10 2019노656
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 4 million won) imposed by the lower court is too unhued and unreasonable.

2. The degree of injury suffered by the victim due to the instant crime is not somewhat weak.

However, the defendant's mistake is recognized, and it is against the defendant, and it was agreed with the victim in the first instance.

The defendant is also subject to violence from the victim, and the victim seems to be somewhat responsible for the occurrence of the crime of this case.

There is no criminal record against the defendant.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, there is no special circumstance or circumstance newly considered in the sentencing after the sentence of the lower judgment, the sentence that the lower court rendered is too unreasonable and unreasonable.

3. The prosecutor's appeal of conclusion 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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