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(영문) 대전지방법원 2015.11.26 2015노2689
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months and two years of suspended execution) of the lower court against the Defendant is deemed unreasonable.

2. The injury suffered by the victim seems to have been relatively serious, and the victim is punished against the defendant, etc. is disadvantageous to the defendant.

However, considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime, various sentencing conditions provided for in Article 51 of the Criminal Act, such as the circumstance before and after the crime, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court's sentencing committee, etc., the court below which has suspended the execution of imprisonment with prison labor for the defendant is too unjustifiable, and thus, the prosecutor's assertion is without merit. Thus, the prosecutor's assertion is without merit.

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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