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(영문) 대전지방법원 2013.10.10 2013노966
업무상과실치상
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is deemed to be too unhued and unfair for four months of imprisonment without prison labor declared by the court below and one year of suspended execution.

2. In light of the following factors: (a) although the degree of injury suffered by the victim due to the instant crime is not less than that of the victim, the Defendant is deemed to have failed to reach an agreement with the victim; (b) although the Defendant is deemed to have violated his/her wrongness; (c) there is no past history of punishment; (d) the medical expenses of the victim were paid with the insurance purchased by the Defendant; and (e) other conditions of sentencing stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) other conditions of sentencing stipulated in Article 51 of the Criminal Act, such as

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

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