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(영문) 대구지방법원 2019.05.17 2018노4641
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The lower court, based on the favorable circumstances, determined the sentence against the Defendant, considering the following: (a) the Defendant had a criminal record of having been punished several times for the same crime; (b) the Defendant committed the instant crime during the suspension of execution; (c) the Defendant committed the instant crime in light of the degree of assault and assault in this case; and (d) the degree of injury inflicted on the victim; (b) the Defendant reflects his mistake; (c) the victim does not want punishment against the Defendant; and (d) the suspended execution is not for

There are no special circumstances or changes in circumstances that are different from the sentencing conditions of the lower court until the lower court appears to have been determined appropriately by fully taking into account the above circumstances and up to the trial.

In addition, considering the various circumstances, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too unfasible and unreasonable to the extent that it exceeds the reasonable scope of discretion.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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