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(영문) 부산지방법원 2018.02.09 2017노3536

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (three years of imprisonment with prison labor for a period of eight months suspended execution, three years of protection observation, and one hundred and sixty hours of community service) declared by the court below is too uneasy and unreasonable.

2. It is recognized that, in light of the form of each of the crimes in this case and the method thereof, the liability for the crime is not less and less severe, the Defendant has been sentenced to a fine, a suspended sentence due to violent crimes, etc., and the Defendant was unable to agree with the victim of the offense in this case.

However, considering the following factors: (a) the Defendant made a confession of all crimes while committing a crime; (b) the Defendant committed either bodily injury or assault with the victim of the instant crime; and (c) the Defendant’s age, sexual conduct, environment; and the motive, means, and consequence of each of the instant crimes; and (d) all of the sentencing conditions stated in the pleadings of the instant case, such as the circumstances after the commission of the crime, the sentence of the lower court is too uneasible and unfair.

Therefore, prosecutor's 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.