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(영문) 대구지방법원 2017.01.12 2016노3462
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) is unreasonable as it is too unfasible that the sentence of the lower court (a prison term of six months, a suspended sentence of two years, and an order to attend violent treatment lectures of forty hours) is too unfasible.

2. The Defendant’s crime of this case committed by the Defendant without any particular reason, resulting in the injury to the victim under the influence of alcohol, and the liability for the crime is minor.

The defendant is not capable of being punished for the same crime, and the defendant has many records of being punished for the same crime, and does not reach an agreement with the victim.

On the other hand, the defendant recognized the crime of this case and reflects his mistake, and the degree of injury (the number of days of treatment, the snow, the snow, and the surrounding snow) is heavy.

The fact that it is not visible is the circumstances favorable to the defendant.

Considering the above circumstances and other circumstances, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. of this case and the conditions for sentencing as shown in the arguments, the sentence of the court below is deemed appropriate as a sentence within the scope of the discretion of sentencing.

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, and it is so decided as per Disposition.

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