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(영문) 서울서부지방법원 2016.07.14 2016노382

특수상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is too unfilled and unreasonable.

2. The lower court appears to have determined the sentence, taking into account all the following circumstances, and there is no change in circumstances in the first instance.

In addition, in consideration of various sentencing conditions shown in the records and pleadings, such as the background and means of the crime, the circumstances after the crime, the defendant's career, sexual conduct, environment, etc., the lower court's punishment is deemed appropriate and is not unfair to the extent that the lower judgment should be reversed.

The nature of the crime of this case is very poor and the means and methods of the crime of this case are extremely dangerous.

On the other hand, the Defendant was receiving treatment for depression at the time of committing the instant crime.

The defendant voluntarily surrenders himself after committing the crime, and is in profoundly against his wrongness.

The defendant agreed with the victim, and the victim does not want to punish the defendant.

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.