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(영문) 대구지방법원 2016.11.25 2016노3817
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentenced by the court below to the summary of the grounds for appeal (ten months of imprisonment) is too unhued and unreasonable.

2. The Defendant committed each of the instant crimes without being able to commit a repeated crime even during the period of repeated crime, and the Defendant was subject to a disposition to send home protection cases due to an injury to the same victim prior to the instant crime; the Defendant demanded the victim to reach an agreement at the investigation stage; sending Intimidation letters; and the victim appears to have been out of apprehension and fear, and suffered emotional distress.

However, the Defendant recognized each of the crimes of this case as committing each of the crimes of this case, and divided them in depth, and did not seem to have had a conclusive intention to inflict an injury on the victim from the beginning, and the degree of damage caused by the crime of causing property damage is not significant.

In addition, considering the Defendant’s age, character and conduct, environment, and motive, means, and consequence of the instant crime, various sentencing conditions, including the circumstances after the crime, criminal records, etc., it is difficult to deem that the sentence imposed by the lower court is too unreasonable even if considering the various circumstances asserted by the prosecutor.

3. The prosecutor's appeal of conclusion 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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