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(영문) 대구지방법원 2017.05.19 2016노3969
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one million won suspension of sentence) on the summary of the grounds for appeal is deemed to be too unhutiled and unfair.

2. The crime of this case is an unfavorable circumstance, where the Defendant assaulted the victim’s face face, and the liability for the crime is not easy in light of the content of the crime, etc., and the Defendant was unable to agree with the victim.

However, the defendant is led to the crime of this case. The case is the so-called "a pair of assaults" case where the defendant and the injured person committed fighting, and the defendant also suffered serious bodily injury, such as influoring, influoring, influoring, influoring, etc., due to the victim's assault, and the defendant did not have criminal records exceeding the fine, and the defendant seems to have suffered serious dispute between the defendant and the injured person with the wind of assaulting the wife of the victim.

In addition to the above circumstances, taking into account the Defendant’s age, sex, environment, motive and background leading to the instant crime, its means and consequence, etc., and all of the sentencing conditions indicated in the instant case, including the circumstances after the commission of the crime, the lower court’s postponement of the sentence of a fine against the Defendant does not seem to be unfair as it is unreasonable.

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

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