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(영문) 대전지방법원 2014.10.01 2014노1130
상해
Text

The prosecutor's appeal is dismissed.

An application filed by an applicant for compensation shall be 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. In the crime of this case, the crime of this case was committed by the defendant who operates the party headquarters, which caused an injury to the victim, such as 56-day therapy at his own party headquarters, and the degree of injury was serious, the victim was not recovered, and the agreement was not reached, etc. are disadvantageous to the defendant.

On the other hand, it is favorable to the defendant that the victim was under the influence of alcohol in the Gu room and was 11 years of age or longer to D, who was the oldest, and that it was caused to commit the crime of this case by contingently in the process of speaking the victim, and there are circumstances to consider the circumstances. The victim seems to have considerable responsibility for the occurrence of the crime of this case, the defendant deposited considerable money for the victim when he was in the judgment of the party, and the defendant was the first offender with no criminal power.

In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., the lower court’s sentence is too uneasible and unreasonable, and thus, the Prosecutor’s allegation of unfair sentencing is not acceptable.

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

The compensation order pursuant to the provisions of Article 25 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for the Application for Compensation Orders shall be compensated for the damage to the direct property of the victim caused by the criminal act of the accused only when the amount of damage is specified and the scope of the

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