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(영문) 대구지방법원 2018.05.16 2018노614
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The Defendant appears to have continuously exercised violence against the wife, and was sentenced to a fine of seven million won from the Daegu District Court Port Branch on August 25, 2016 due to the Defendant’s act of inflicting an injury on the victim, and the said judgment became final and conclusive around that time.

At the time of the instant case, the Defendant was under suspension of execution due to interference with business.

However, on February 21, 2018, Daegu has been sentenced to the court's branch court's branch court's ruling that "the defendant would pay 15 million won as consolation money after divorce with the victim" on February 21, 2018, and the above ruling became final and conclusive on March 10, 2018, the defendant reflects the crime of this case, and currently treating the defendant at the Seoul Posiwon located in the South-gu Sea-do at the port, and other sentencing conditions shown in the records and arguments of this case, including the defendant's age, sex, sex, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc., are comprehensively taken into account, and all of the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sexual behavior, family relation, and circumstances after the crime, etc., the judgment of the court below that the sentence imposed by the defendant exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's assertion that the prosecutor's punishment imposed by the court below is too uneasible and unreasonable, 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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