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(영문) 서울서부지방법원 2016.10.27 2016노1125

특수상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of suspended sentence in September) to the summary of the reasons for appeal is too unhued and unreasonable.

2. The judgment of the court below is based on the following circumstances: the crime of this case is a case in which the defendant made a bodily injury with the aged victim, etc. by making his hand several descendants due to the decline, and the quality of the crime is extremely poor in light of the applicable method of the crime; there are many criminal records of the same kind of violence of the defendant; however, on the other hand, the defendant led to the confession of and the mistake against the defendant; the defendant wanted the defendant's wife by mutual consent with the victim; the victim's injury was not relatively excessive; and the degree of injury was not relatively excessive; the sentence of the court below is deemed appropriate in full view of all the conditions of arguments and records, including the defendant's age, career, character and behavior, motive for the crime of this case, circumstances after the crime, etc., and all the sentencing conditions

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.