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(영문) 대구지방법원 2015.06.12 2014노2487
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of two million won) declared by the lower court is too unhued and unreasonable.

2. The Defendant, without any reason, has committed violence against two women, and the Defendant was sentenced five times to a punishment for violence-related crimes, and was sentenced five times to a fine. However, the Defendant’s assertion is without merit, given that the confession of the instant crime was made by the Defendant, and the degree of injury suffered by the victims does not seem to have been serious; the Defendant agreed between the victims and the lower court; the Defendant appears to have committed the instant crime by contingency under the influence of alcohol; the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime; the means and consequence leading up to the instant crime; and all of the sentencing conditions expressed in the instant records and arguments, such as the circumstances after the commission of the crime, are considered as inappropriate. Therefore, the Prosecutor’s assertion is without merit.

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

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the term "Article 70 and Article 69(2) of the Criminal Act" of "Article 70 and Article 69(2) of the former Criminal Act" shall be amended as "Articles 70 and 69(2) of the former Criminal Act" in the application of the law of the court below ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure.

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