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(영문) 대전지방법원 2016.04.27 2015노3230
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable because the sentence imposed by the court below on the defendant (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, and the community service time of eight hours) is too uneased.

2. The Defendant’s crime of this case is an unfavorable circumstance in light of the following: (a) it is not good that the victim was inflicted an injury on the victims aged older than the Defendant on account of the fact that the Defendant was aware of her personal belief, and that there was no agreement with the victims, etc.; (b) the victim F was a serious degree of injury due to the injury, such as an injury such as internal and marrhea, marrhea, and marbation; and (c)

On the other hand, the fact that the defendant all of the crimes of this case are recognized and reflected, the defendant bears the medical expenses of the victim F's hospital, deposited a considerable amount for the victims, the defendant appears to have reached an contingent crime after drinking, and the defendant has no record of criminal punishment in addition to the suspension of indictment.

In full view of the above circumstances and the motive leading up to the instant crime, the circumstances after the instant crime was committed, the Defendant’s age, sexual conduct, family relationship, occupation, etc., and all the circumstances constituting the conditions for sentencing as shown in the records and arguments, the lower court’s sentence is too uneasible and deemed unfair, and thus, the Prosecutor’s allegation of unfair sentencing is rejected.

3. As such, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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