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(영문) 대전지방법원 2014.06.26 2013노3044
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of six million won) declared by the court below is too unhued and unreasonable.

2. The judgment of the court below, even though the defendant was sentenced to a suspended sentence due to a deadly weapon, bodily injury, etc. on or around June 201, committed another crime of this case without being aware of it, and the defendant, other than the crime of this case, appears to have been punished by a fine by committing the crime of injury, assault, etc. during the suspended sentence (the Daejeon District Court Decision 2013Da2361), despite the fact that there are many criminal records of the defendant, and there are more than five criminal records of the crime of this case, but there are more than five criminal records of the suspended sentence. However, all of the charges of this case are recognized and wrong, and the victim H agreed smoothly with the victim D. The victim H wanted the defendant, and it appears that the defendant committed each of the crimes of this case under the influence of alcohol at the time, and it appears that the defendant committed each of the crimes of this case without fault, character and behavior of the defendant, environment, motive, means and consequence before and after the crime, etc., it cannot be deemed inappropriate.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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