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(영문) 대구지방법원 2018.01.12 2017노3205
상해
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to each punishment (a fine of KRW 100,000) is too uneased and unreasonable.

2. Determination of the instant crime is an unfavorable circumstance that the Defendants, who are relatives, inflicted bodily harm on each other, and the Defendants did not reach an agreement until now.

However, the defendants reflect their mistake, the degree of injury suffered by both parties due to the crime of this case is not significant, the defendant B did not have any other criminal punishment until the occurrence of this case, and the defendant A had the same criminal record as once in the case of the defendant A, but had not been over five years prior to the occurrence of this case.

In addition, considering the following factors: the Defendants’ age, sex, environment, motive and background of the crime, and the circumstances after the crime, etc., all of the sentencing conditions indicated in the instant records and the previous theories, the lower court does not seem to be unfair because each sentence imposed on the Defendants is too uneasible.

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

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