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(영문) 수원지방법원 2017.02.02 2016노5251

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the prosecutor's appeal (unfair sentencing) of the crime of this case is that the defendant was sentenced to a suspended sentence of one year and six months on January 26, 2012 by committing the crime of this case in light of the following: (a) it is not good that the victim E was injured by the defendant, assaulted the victim F, and threatened the victims; (b) the defendant did not go against the wrongness while denying the crime; (c) the victims wanted to severely punish the defendant; and (d) the defendant is a member of a violent crime organization, who was sentenced to a suspended sentence of three years on the grounds of a violation of the Punishment of Violences, etc. Act (organization of organization, etc.) at the Suwon Friwon, which was sentenced to a suspended sentence of one year and six months on the basis of imprisonment with prison labor, and it is unfair for the court below to have sentenced the community service order of one year and 40 hours during the suspended sentence of four months.

Judgment

In full view of the facts alleged in the grounds of appeal, including the Defendant’s age, sexual conduct, environment, motive and background of the crime, circumstances after the crime, etc., the lower court’s punishment is too unjustifiable and thus it is not deemed unfair, even if considering the circumstances alleged in the grounds of appeal, so it is not determined that the Defendant’s punishment is too unreasonable, and thus, it is not reasonable. The above argument is without merit.

In conclusion, 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.