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(영문) 대구지방법원 2017.11.22 2017노3713
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court dismissed the public prosecution regarding intimidation among the facts charged in the instant case, and convicted the remainder of the facts charged, and dismissed part of the instant public prosecution in the instant case where only the prosecutor appealeds for the reason that the sentencing was unfair only for the conviction, which became final and conclusive. Thus, only the convicted part of the lower judgment is subject to a party member’s judgment.

2. The sentence of a fine of KRW 500,00,000, imposed by the lower court, is too unfilled and unreasonable.

3. In light of the content of the crime, frequency of the crime, etc., it is recognized that the liability for the crime of this case was not somewhat weak, but, on the other hand, it appears that the victim did not want the punishment of the defendant, mental illness such as nautical miles disorder suffered by the defendant is the cause of the crime of this case. The defendant is a primary offender with no criminal history, and the defendant's age, sex, behavior, environment, family relationship, and all of the sentencing conditions in the records of this case, such as the circumstances after the crime, are not deemed unfair because the sentence of the court below is too uneasible. Thus, the prosecutor's assertion is without merit.

4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (5) of the Criminal Procedure Act, since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.

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