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(영문) 대구지방법원 2014.03.13 2013노2168
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following facts: (a) the punishment imposed by the lower court (five million won of a fine) is too uneased and unreasonable.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant, for example, that the Defendant committed the instant violent crime even though he/she was under the suspension of execution, and that it did not reach an agreement with the victim D, etc.

However, the fact that the victims' injury is not serious, that the defendant agreed with the victim E, that the defendant is against the victim and that the defendant does not repeat the crime, etc. are favorable to the defendant.

In this context, considering the various circumstances shown in the records and arguments, such as the defendant's age, character and conduct, environment, and health condition, since the sentence imposed by the court below against the defendant cannot be deemed unfair, the prosecutor's above assertion is without merit.

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

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