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(영문) 대구지방법원 2016.04.29 2015노3671
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. It is recognized that in light of the form of each of the crimes in this case and the method thereof, the nature of each of the crimes in this case is not easy, the defendant has been punished for like violent crimes, and the defendant has failed to agree with the victim of the injury.

However, considering the following factors: (a) the Defendant’s mistake is divided; (b) there is no history of punishment heavier than a fine; (c) the degree of injury is not serious; and (d) the Defendant’s age, sexual conduct, environment; and motive, means, and consequence of the instant crime; and (c) all of the sentencing conditions specified in the pleadings in the instant case, such as the circumstances after the instant crime, etc., the lower court’s punishment is too uneasible 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.

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