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(영문) 대구지방법원 2016.07.14 2015노818
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to two million won) is too uneased and unreasonable.

2. The judgment is that the Defendant did not reach an agreement with the victim, and that the Defendant had been punished for the same kind of crime, etc. is disadvantageous to the Defendant.

On the other hand, the defendant recognized the crime of this case and the extent of damage caused by the defendant's crime of this case is significant.

The fact that it is not visible is the circumstances favorable to the defendant.

In full view of the above circumstances and other circumstances, such as the motive, circumstance, means and method of the instant crime, the circumstances before and after the instant crime, and the Defendant’s age, sexual conduct, career, and environment as shown in the records and arguments, the lower court’s punishment is deemed appropriate as a punishment within the scope of the discretion for sentencing.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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