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(영문) 광주지방법원 2016.01.07 2015노1472

상해

Text

The prosecutor's appeal is dismissed.

Reasons

The main point of the grounds for appeal (two years of suspended sentence for 8 months of imprisonment) of the lower court is deemed to be too unfluent and unfair.

Judgment

The crime of this case is an unfavorable sentencing factor, in light of the motive and method of crime, etc. as to the defendant's face when making a female-friendly appearance victim's face due to the minor reason, and the crime of this case is not good in light of the motive and method of crime, and the degree of the victim's injury has not yet been recovered even if the victim'

However, when comprehensively considering the following factors: (a) the Defendant’s mistake is recognized and is against the Defendant; and (b) the Defendant has no particular criminal record other than twice a fine due to driving without a license, etc.; (c) other factors of sentencing are favorable; (d) other factors of sentencing, including the background of the instant crime; (e) circumstances after the instant crime; (e) the Defendant’s age; and (e) the Defendant’s sexual conduct; and (e) the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee (general injury category 1: 6 months to 2 years: imprisonment with labor; 6 months to 3 years); and (e) the Prosecutor’s assertion is without merit.

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.