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(영문) 대구지방법원 2016.10.27 2016노2989
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) by the lower court is deemed to be too uneased and unfair.

2. The judgment of the defendant has a significant record of being punished for the same crime, the degree of the injury of this case (the injury, such as duplicating suplicating suplicing and duplicating suplicing suplicating suplicing which require approximately 8 weeks of treatment, and 4 weeks of treatment), and the defendant did not reach an agreement with the victim, etc. is disadvantageous to

On the other hand, the defendant reflects the crime of this case and reflects his mistake, and the defendant has been sentenced to two years of imprisonment due to robbery, injury by robbery, etc. around around 2003, but there is no record of criminal punishment exceeding the fine, etc. are favorable to the defendant.

Considering the above circumstances and other circumstances, such as the character and conduct of the defendant, the environment, the motive, means and method of the crime, the circumstances after the crime, and the relationship with the victim, etc., the lower court’s punishment is deemed appropriate as a punishment 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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