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(영문) 대전지방법원 2015.12.11 2015노1554
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of KRW 1.5 million) is too unhued so far as the gist of the grounds for appeal is unreasonable.

2. Determination

A. In light of the fact that the Defendant inflicted an injury upon the victim during the period of 21 days, it is not good to be punished for the crime, and that the Defendant is subject to the previous and penal provisions, it is necessary to strictly punish the Defendant.

B. Meanwhile, there are extenuating circumstances, such as the confession and reflection of a crime, the fact that the Defendant agreed with the victim smoothly, and the fact that the victim did not have existed before and after 2009.

In addition, considering the Defendant’s age, family relation, living environment, circumstances, results, and circumstances after the crime, the sentence of the lower court is adequate.

3. The appeal by the prosecutor of the conclusion 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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