beta
(영문) 수원지방법원 2020.06.04 2020노1446

특수상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflects the mistake in depth, Defendant endeavored to recover damage, and Defendant is an initial offender who has no record of criminal punishment.

However, the crime of this case is committed by following a female victim under 18 years of age, who is mixed with the defendant on the ground that the defendant's flocks in dispute with female flocks at night. The crime of this case is committed by assaulting the victim's flicker behind the victim's own flicker by reducing the victim's neck, etc., and blicker the victim's head to the cellular phone with the victim's cell phone with the victim's flicker's body. The victim's blicker was exposed to the victim's flicker's blicker's blicker, etc. in light of the motive, circumstance, method of the crime, etc., the crime is extremely poor in light of the victim's flicker's flicker's body, and the victim's blicker's flicker's body, etc., and the victim was not recovered until the trial.

Therefore, the prosecutor's argument of unfair sentencing is justified.

3. In conclusion, the prosecutor's appeal is reasonable, and Article 364 of the Criminal Procedure Act is reasonable.