beta
(영문) 서울북부지방법원 2017.11.16 2017노1638

특수상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year of imprisonment and two years of suspended execution, observation of protection, and 40 hours of taking violent therapy) is too unfluened.

2. Although there are conditions unfavorable to the defendant, such as the fact that the defendant has been punished for the same or a different kind of crime several times, the defendant's mistake and reflects against the defendant, and the circumstances favorable to the defendant, such as the fact that the defendant has agreed with the victim, as well as the motive and circumstance leading up to the crime of this case, the means and method of the crime, the circumstances before and after the crime of this case, the defendant's age, sexual behavior, environment, occupation, family relation, etc., it cannot be said that the sentence imposed by the court below is too unjustifiable and unfair.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.