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(영문) 대전지방법원 2016.01.14 2015노2019
상해
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to KRW 4,000,000) is too uneased and unreasonable.

2. Determination of the crime of this case is an unfavorable circumstance, such as the fact that the degree of injury suffered by the victim is not less exceptionally, the agreement with the victim, or the failure to recover from the damage.

However, there are extenuating circumstances, such as the fact that the defendant generally repents and reflects his mistake, the fact that the defendant is deemed to have committed the crime of this case by contingency while drinking alcohol, and there is no record of punishment for the same kind of crime, and there is no change of circumstances that can change the sentence after the sentence of the original judgment, and in full view of all kinds of sentencing conditions such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., it is not recognized that the sentence of the original judgment is too uneasible to the extent that the sentence of the original judgment is reversed and unfair.

3. The appeal by the prosecutor of the 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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