beta
(영문) 서울북부지방법원 2017.03.30 2016노2723

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence imposed by the lower court on the Defendant (one and half years of imprisonment, and forty hours of completion of sexual assault treatment programs) is too uneased and unreasonable.

2. In the case of the crime of injury during the crime of this case, there are circumstances unfavorable to the defendant, such as the defendant's first assaulting the victim D without any reason, and the nature of the crime is heavy, the victim D suffered serious injury due to the crime of this case, the victim's still failed to recover the damage, and the defendant's records of punishment for the same crime are several times. However, in the meantime, there are cases where the defendant was committed late in the court below, and the degree of indecent act in this case is relatively weak, such as the defendant's motive and circumstance favorable to the defendant, means and method of the crime of this case, the situation before and after the crime, the defendant's age, sexual behavior, environment, occupation, family relation, etc., the punishment imposed by the court below cannot be deemed unfair because it is too unfeasible to the defendant.

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.