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(영문) 대구지방법원 2014.05.30 2013노4186
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. It is recognized that the accused committed the instant crime without being aware of the fact that he/she committed the instant crime even though he/she was under suspension of execution due to the same crime, and that the accused has more criminal records than three times of fine due to the same crime.

However, in full view of all the sentencing factors indicated in the pleadings of the instant case, including the fact that the Defendant recognized the mistake of the Defendant, the fact that the Defendant agreed with the victim, the degree of injury to the victim is relatively heavy, and the Defendant’s age, character and conduct, environment, the background of the instant crime, and the circumstances after the commission of the crime, etc., it is not recognized that the lower court’s punishment is too uneasible and unfair, 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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