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(영문) 인천지방법원 2018.02.22 2017노3185

특수상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (7 million won in penalty) imposed by the court below is too unfased.

2. The crime of this case is acknowledged that the defendant injured her natives, and threatened the victim by using a vehicle, which is a dangerous object, and the nature of the crime is not good in light of the content of the crime and the relationship with the victim. The defendant did not receive a letter from the victim up to the trial, and even during the suspension of execution due to violent crimes, the defendant is still serving as a victim of the crime of this case.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant’s act of committing the instant crime; (c) the victim and the refined landing point are likely to lead to the instant crime; (d) the victim’s injury was not serious; and (e) the victim’s injury was not excessive; and (c) the Defendant appears to have been relatively sincere in terms of the protection observation during the period of suspension of execution; and (d) other circumstances that are conditions for sentencing, such as the Defendant’s age, sexual conduct, motive, means and consequence of the instant crime; and (e) the circumstances after the commission of the instant crime, etc., the sentence imposed by the lower court is too unab

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.