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(영문) 대전지방법원 2016.05.13 2015노2846
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below's postponement of the sentence of punishment (amounting to KRW 500,000) to the defendant is too uneased and unreasonable.

2. The fact that the Defendant and the victim did not reach an agreement is disadvantageous to the Defendant.

However, after examination at the court below, the amendment of the indictment was made with the contents of changing the facts charged, the name of the crime, and the applicable law into the point of assault in the injury. After the amendment of the indictment, the defendant recognized his mistake and reflects the defendant from the time of the amendment to the trial, the extent of the damage suffered by the victim is relatively heavy, the defendant is a primary offender who has no record of criminal punishment, the defendant's child from the victim's child, and the defendant's child was forced to visit the victim's house and visit the victim's house in the absence of apology, and other favorable conditions of sentencing provided in Article 51 of the Criminal Act, such as age, sexual behavior, environment, motive, means and consequence of the crime, etc., the court below's delay of sentencing against the defendant cannot be deemed unfair because it is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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

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