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(영문) 광주지방법원 2017.07.20 2017노1781

특수폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment, confiscation) is too unfied and unreasonable.

2. The crime of this case was committed on the ground that the defendant does not re-hospitalize the hospital employees, and thus it is difficult to obtain the motive for the crime, which is very dangerous, the victims may suffer serious injury due to the occurrence of the crime, two times the records of criminal punishment due to violent crimes (one more severe punishment), and the victims want to punish the defendant.

However, from 16 years of age to 16 years of age, the Defendant began to receive mental treatment with depression, repeated treatment and discharge from a mental hospital due to impulse disorder, tidal wave disease, etc. from the 20 years of age, and repeated treatment and discharge from the hospital at the hospital. The Defendant has a disability of grade 3 in mental delay. The instant crime appears to have been affected by such mental illness, and the degree of injury suffered by the victims are not severe.

In full view of the favorable circumstances such as the appearance of the Defendant’s age, sexual conduct, environment, family relationship (the adoptive parent of the Defendant was all dead, and the contact was terminated, and there is no family member to help the Defendant), the circumstances of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too uneasible and unreasonable.

The ground for appeal is without merit.

3. The appeal by the public prosecutor on the conclusion of the judgment is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.