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(영문) 대전지방법원 2018.11.22 2018노1511
상해
Text

The prosecutor's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. Summary of the grounds for appeal: The punishment of the lower court’s unfair sentencing (for 4 months of imprisonment, 2 years of suspended sentence, taking violent therapy programs and community service order) is too uneasy and unfair.

2. In light of the circumstances asserted by the prosecutor on the grounds of appeal, the lower court did not recognize that the lower court’s sentence is too unfasible and unfair, even if considering the following factors: (a) was determined within a reasonable scope by fully taking into account the circumstances surrounding the sentencing of the Defendant; and (b) the Defendant agreed upon with the victim in the

3. In conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and the application for remedy order filed by the applicant for compensation is not reasonable in the criminal procedure because the scope of the defendant's liability for compensation is not clear. Thus, the prosecutor's appeal is dismissed pursuant to Article 364 (1) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and it is so decided as per Disposition by the court below.

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