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(영문) 대구지방법원 2014.05.16 2013노3997
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, 2 years of suspended sentence, 160 hours of probation, community service) of the lower court is deemed to be too uneasible and unfair;

2. The judgment does not agree with the victim until the time of the trial, and there is no effort to recover damage, the defendant has been sentenced to five times of punishment due to the same crime, and the defendant has been sentenced to 15 times of fine, etc. However, the defendant's perception of the crime of this case and reflects the wrong, and the defendant seems to have committed the crime of this case contingently due to alcohol dependence and depression, and in full view of all kinds of sentencing factors in the arguments of this case, such as the degree of injury to the victim, character and conduct of the defendant, the environment, the circumstances of the crime of this case, and the circumstances after the crime, etc., it is not recognized that the sentence of the court below is too unjustifiable, and thus 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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