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(영문) 대전지방법원 2015.07.08 2015노358
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months and two years of suspended execution) that the court below sentenced against the defendant is deemed to be too uneasible and unfair.

2. The judgment of the defendant has suffered an unexpected injury in light of the victim who is the wife, and the fact that the crime is not good, and that the defendant has a record of being fined once due to the same kind of crime is disadvantageous to the defendant.

However, the fact that the defendant led to the crime of this case and reflects his mistake, that the defendant agreed with the victim during the trial, and that the defendant has no record of being sentenced to a suspended sentence or heavier punishment is favorable to the defendant.

Considering the above circumstances and motive leading to the instant crime, the circumstances after the commission of the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., there is no change in circumstances to determine the sentence differently from the original judgment, and the scope of the sentencing guidelines for the enactment of the Sentencing Committee and the standards for the suspension of execution [major pride grounds] in light of the scope of punishment non-performance of punishment [general pride grounds] contingent crimes, and there is no criminal conviction above the suspended sentence, the lower court’s sentence cannot be deemed unfair, and thus, the prosecutor’s allegation of unfair sentencing is rejected.

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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