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(영문) 춘천지방법원 강릉지원 2019.09.26 2018노517

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months and two years of suspended execution) of the lower court is deemed to be too uneasy and unfair;

2. The injury suffered by the victim due to the instant crime is considerably significant, and the fact that the Defendant has not yet been able to receive a letter from the victim is disadvantageous to the Defendant.

However, the crime of this case appears to have occurred when the victim was in a relationship with B where he was the spouse of the defendant. However, considering the favorable circumstances and all other sentencing conditions of the defendant, such as the defendant's age, character and behavior, environment, motive and means of the crime, circumstances after the crime, etc., it cannot be deemed that the sentence of the court below is too unjustifiable and unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.