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(영문) 대전지방법원 2014.07.09 2013노3256
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months, two years of suspended sentence, and 80 hours of community service order) of the lower court against the Defendant is deemed unreasonable.

2. The instant crime committed on the basis of the following facts: (a) the Defendant, who operates an entertainment drinking club, committed an sacrife with a sacrife for 56-day therapy when the Defendant was the victim who is a entertainment entertainment restaurant; (b) the sacrife for committing the instant crime was committed; (c) the sacrife of the sacrife due to the injury of his employee; (d) the victim was not recovered; and (e) the Defendant did not reach

On the other hand, the fact that the defendant is against the defendant, in addition to the deposit of KRW 3 million at the court below for the victim, the defendant made efforts to recover damage by depositing more than 2 million won in the trial, etc. The fact that the defendant continued to contact with the entertainment tavern operated by the defendant and received daily allowances immediately after the victim was injured, and that the degree of titing or the degree of titing seems to have been very serious. The defendant's mistake appears to have occurred in the background of the injury in this case. The criminal records of the same kind of crime committed by the defendant are all prior to 2008 and they have no criminal records thereafter are favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., the lower court’s sentence is too uneasible and unreasonable, and thus, the Prosecutor’s allegation of unfair sentencing is not acceptable.

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

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