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(영문) 대전지방법원 2015.05.20 2014노3436
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for not more than eight months, two years of suspended sentence, and 80 hours of community service) that the court below sentenced against the defendant is unreasonable.

2. Determination is based on the following: (a) the Defendant inflicted a serious injury on the victim in need of eight weeks’ medical treatment; (b) the Defendant did not find a trace for the recovery of damage; (c) the Defendant was punished by the Defendant; (d) whether the Defendant was seriously imprisoned by the Defendant; and (e) whether the Defendant has served three times of suspended execution and of fine for violence-related crimes.

However, there are circumstances to consider the circumstances leading to the crime of this case, the provisional seizure of the victim's property for the recovery of damage, and the fact that the defendant has no record of punishment is favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the arguments and records, there is no change in circumstances to determine different sentences from the lower court. As such, the lower court’s sentence is too uneasible and unreasonable, 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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