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(영문) 대구지방법원 2013.12.20 2013노2118
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, two years of probation, and one hundred and twenty hours of community service) of the lower court is deemed to be too unhued and unreasonable;

2. The judgment of the court below committed each of the crimes of this case during the suspended execution period, the defendant committed each of the crimes of this case, the degree of injury suffered by the victim, the victim's desire to punish the defendant, etc. However, it is unfavorable for the defendant to recognize all of each of the crimes of this case, the defendant was in a relationship between the defendant and the victim, and the defendant was in a relationship between the defendant and the victim. The defendant deposited 5 million won for the victim at the court below, the defendant was in a relationship between the defendant and the court below, and the defendant was in a relationship between the defendant and his family, there is clear support basis and social relationship between the defendant, the fact that there is no criminal power to punish the defendant exceeding the suspended execution, and all of the sentencing factors specified in the arguments of this case, such as the defendant's age, character and behavior, environment, the circumstances of the crime of this case, and the circumstances after the crime, etc., the prosecutor's allegation above is without merit.

3. Therefore, 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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