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(영문) 광주지방법원 2017.07.20 2016노3539

특수상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the three years of suspended execution, the observation of protection, the community service duty 200 hours, and the alcohol therapy 40 hours) is deemed to be too uneasy and unreasonable.

2. The judgment of the defendant has already been punished for crimes related to violence several times, and the fact that the defendant was not aware of the fact that he had been in a probation period due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and left the crime of this case is disadvantageous

However, considering the fact that the defendant's mistake is recognized and against himself, the degree of injury of the victim is not very serious as 2 weeks, and other circumstances shown in the argument of this case, such as the defendant's age, sexual conduct, environment, motive and consequence of the crime, and circumstances after the crime, the court below's punishment is too uneasible and it is not deemed unfair, so the prosecutor's assertion is rejected.

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