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(영문) 대전지방법원 2018.05.16 2018노631
특수상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (for six months of imprisonment and confiscation) is too unhued and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment within a reasonable scope by fully taking into account the following circumstances: (a) the background and method of the instant crime; (b) the degree of damage; (c) the Defendant did not agree with the victim; (d) the Defendant did not have any criminal history; and (c) the Defendant did not have any criminal history; and (d) the circumstances that may be newly considered in the trial of the lower court, such as the motive, means, and consequence of the relevant crime; and (e) the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

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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