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(영문) 대구지방법원 2017.08.16 2017노1422
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 2.5 million imposed by the court below on the summary of the grounds for appeal is too unfasible and unreasonable.

2. The judgment of this case is acknowledged that the degree of injury suffered by the victim is not somewhat weak, but, on the other hand, the defendant recognized the facts charged and reflects his mistake, the defendant paid the victim the medical expenses, etc., and agreed smoothly with the victim, the defendant did not have any criminal record other than once a fine due to the violation of the Road Traffic Act, and other sentencing conditions stated in the records of this case, such as the defendant's age, sex, environment, family relationship, circumstance after the crime, etc., the prosecutor's assertion is without merit, and thus, it is not recognized that the court below's punishment is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (5) of the Criminal Procedure Act, since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.

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