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대전지방법원 2017.11.01 2017노1622

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.

2. The judgment is an unfavorable circumstance, such as the fact that the defendant has been subject to punishment several times due to a violent crime, etc., and that he/she again commits the instant crime during the suspension of execution.

However, it is advantageous to the fact that the defendant recognized the crime of this case, the victim does not want the punishment of the defendant by agreement with the victim, and the degree of injury of the victim is relatively less severe.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

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 appeal is without merit. It is so decided as per Disposition.