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(영문) 대구지방법원 2019.06.14 2019노159
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. The crime of this case is very bad in light of its circumstances and the attitude of assault, the degree and degree of injury suffered by the victim, the relationship between the defendant and the victim, etc.

Furthermore, it is highly likely that the defendant has a record of crimes punishable several times for violent crimes, and even though it is under probation due to the same kind of crime, and even if it is under probation, there is little possibility of criticism in that he committed the crime of this case.

However, there are no special circumstances or changes in circumstances that can be assessed differently from the sentencing conditions of the court below until the trial is the fact that the defendant appears to be against his/her mistake, the victim does not want punishment against the defendant, and there are no special circumstances or changes in circumstances.

In addition, comprehensively taking account of the various circumstances, such as the Defendant’s age, character and conduct, environment, health conditions, and circumstances after the crime, etc., 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 dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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