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(영문) 서울서부지방법원 2016.04.07 2016노53

상해

Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the prosecutor's appeal is that the court below's punishment (4 months of imprisonment, 1 year of suspended execution) is too unfluent and unfair.

In this regard, the degree of the injury of this case is significant, and the fact that the defendant has been punished for the crime of assault and the fact that the defendant has been punished two times is the factor of sentencing disadvantageous to the defendant.

However, in full view of the following facts: (a) the Defendant recognized all of the instant crimes; (b) the victim does not want the punishment of the Defendant by mutual consent with the Defendant; and (c) other various sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, and the course and consequence of the instant crime, the lower court’s punishment is too unfasible and unreasonable; and (d) thus, the Prosecutor

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