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(영문) 광주지방법원 2018.05.31 2017노3711

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. The judgment of the defendant has a record of being punished several times for the same crime, and the defendant again committed the crime of this case without being aware of the fact that he/she had been in the period of suspension of execution due to the crime of this crime is disadvantageous.

On the other hand, the fact that the defendant recognizes and reflects his mistake, the degree of injury suffered by the victims seems to be relatively heavy, and the fact that the victims agreed smoothly with the victims are favorable circumstances.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too uneasible and thus, cannot be deemed unfair. Therefore, the Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.