beta
(영문) 의정부지방법원 2018.04.09 2018노93

특수상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor asserts that the reasons for the appeal are too unfilled and unfair, as it is too unfased in the punishment sentenced by the court below (two years of imprisonment).

2. It is recognized that the Defendant committed the instant crime even if he/she was sentenced to three years of imprisonment for a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) on July 14, 2014, on the ground that the degree of injury of the victim due to the instant special injury crime was considerably unfasible, even though the degree of injury of the victim was considerably unfasible, and the Defendant committed the instant crime even if he/she was in the period of repeated crime after the execution of the relevant punishment was completed on July 13, 2017.

However, considering the following circumstances: (a) the Defendant recognized the Defendant’s mistake and reflects the fact that it is favorable for the Defendant; and (b) there is no special circumstance or circumstance that may be newly considered in the sentencing after the sentence of the lower judgment; (c) the Defendant’s age, sex, environment, motive and background of the offense, means and method of the offense; and (d) the circumstances that form the conditions for sentencing as indicated in the present arguments and records, such as the circumstances after the commission of the offense, etc., it is not recognized that

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.