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(영문) 대구지방법원 2017.07.20 2017노609
특수상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence in the month of imprisonment with prison labor) is unreasonable.

2. The lower court rendered the said sentence by taking account of favorable circumstances, such as the Defendant’s confession and reflective attitude, the degree of injury to the victim is relatively minor, and the Defendant has no criminal record of qualification suspension or more.

In addition to the above circumstances, the court below should take into account the circumstances favorable to the defendant's social ties, such as the fact that the defendant's social ties seems clear in addition to the above circumstances, and the fact that there was no record of criminal punishment from March 2003 to the point that there was no record of criminal punishment until this case. Taking into account all other factors of sentencing, such as the defendant's age, sex, sex, environment, health, circumstances leading to a crime, means and consequence, scale of the crime, and circumstances after the crime, the court below's sentence seems to have been proper, and the judgment of the court below exceeded the reasonable limit of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible as the prosecutor asserts.

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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