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(영문) 대구지방법원 2018.06.21 2018노699
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (7 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The lower court rendered the said sentence in consideration of the circumstances such as the background leading up to each of the instant crimes, the degree of damage to the victim, etc.

Considering that the Defendant committed several assaults and inflicts bodily injury on one’s wife, even if the degree of injury on the victim is relatively less severe, the Defendant has no specific record of punishment in addition to one-time fine, the Defendant appears to have led to the Defendant to confession and reflect his own crime in the first instance court, and the Defendant and the victim have been divorced after each of the principal crimes [Sgu] was divorced (No. 1225, 125, 2017, 5088, 2017, 2017, 508), and other favorable circumstances, such as the Defendant’s dismissal of the Defendant’s claim for consolation money against the Defendant during the said trial, and other favorable circumstances such as the Defendant’s age, sex, environment, means and consequence leading to the commission of the crime, scale of the crime, and circumstances after the crime, it cannot be deemed that the lower judgment exceeded the reasonable bounds of discretion, or that it is unfair to maintain a collegiate body (see, e.g., Supreme Court Decision 2015Do7365, Jul. 25, 2015).

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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