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(영문) 수원지방법원 2018.02.09 2017노7931

특수상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below's sentence (the imprisonment of six months, the suspension of execution of two years, the community service order80 hours, the observation of protection) is too uneased and unreasonable.

2. In light of the substance of the instant crime, there is no good quality of the crime, and there is a number of times to punish the same kind of punishment, and there is no agreement with the victims that are disadvantageous to the Defendant.

Meanwhile, considering the favorable circumstances such as the Defendant’s recognition of the facts of the instant crime and the fact that the Defendant has no record of punishment exceeding the fine, and other favorable circumstances, such as the Defendant’s age, occupation, sex, environment, and circumstances after the commission of the crime, it is difficult to view that the lower court’s punishment is unfair because it is too unaffortuous in light of the following factors:

Therefore, the prosecutor's above assertion is without merit.

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