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(영문) 대구지방법원 2016.12.15 2016노3216
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is deemed to be too unhued and unreasonable.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant that has been punished twice due to the crime of injury.

On the other hand, the defendant acknowledges the crime of this case and reflects his mistake, the defendant has no record of criminal punishment exceeding the fine, the degree of injury to the victim does not seem to be serious, and the agreement with the victim is favorable to the defendant.

Considering the above circumstances and other circumstances, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. of this case and the conditions for sentencing as shown in the arguments, the sentence of the court below is deemed appropriate as a sentence within the scope of the discretion of sentencing.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal 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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