beta
(영문) 수원지방법원 2017.11.08 2017노5024

특수상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (the 4 years of suspended sentence for 2 years of imprisonment, the observation of protection, and 40 hours in lectures of violent therapy, and the 40 hours in lectures of alcohol treatment) is too unfluent and unreasonable.

2. In the instant crime, the Defendant committed the instant crime with kitchen knife twice the chest part of the victim who is her husband with the kitchen knife, and caused about 8 caution to the victim nine times, and the form of the instant crime is dangerous and the degree of damage is serious. Therefore, strict punishment corresponding thereto is required.

However, in light of the following: (a) the Defendant’s mistake was divided by his life in prison for about seven weeks at the lower court; (b) the Defendant voluntarily reported to the police immediately after the commission of the crime; (c) the Defendant does not want the Defendant’s punishment; and (d) there was no particular criminal record other than two times of fine; (b) the lower court ordered the Defendant to attend lectures and to observe orders for protection, as well as to suspend the execution of imprisonment; and (c) the Defendant’s age, sex and family environment, motive, means and consequence of the crime; and (d) other various sentencing conditions specified in the instant argument, such as the circumstances after the commission of the crime, etc., the lower court’s punishment is too uneasible

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.