(영문) 수원지방법원 2017.03.30 2016노5290



The prosecutor's appeal is dismissed.


1. In light of the prosecutor’s grounds of appeal (unfair sentencing) the fact that the defendant has a number of records of criminal punishment for the same kind of crime, etc., the sentence of the court below that sentenced fines of KRW 2,00,000 is too uneasible and unfair.

2. In full view of the facts alleged in the grounds of appeal, even if considering the circumstances alleged in the grounds of appeal, the lower court’s punishment is too unfeasible and unfair, and the above argument is not reasonable, given that the Defendant’s mistake is recognized, the victim expressed his/her intention that he/she does not want the punishment of the Defendant, and all the conditions of sentencing as shown in the instant records and arguments, such as the Defendant’s age, sex, environment, motive and circumstances of the crime, degree of damage, and circumstances after the crime.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.