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(영문) 서울북부지방법원 2017.07.13 2017노733

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence (7 million won in penalty) imposed by the court below on the defendant is too unfasible.

2. Although there are many records of punishment against the Defendant for committing the same kind of bodily injury, punishment for 2 years and 6 months was imposed on the Defendant for committing the crime, and the Defendant committed the crime of this case during the repeated crime period, the Defendant committed the crime of this case. However, on the other hand, considering various circumstances, including the motive and background leading up to the instant crime, the means and method of committing the crime, the circumstances before and after the instant crime, the Defendant’s age, sexual behavior, occupation, family relation, etc., it cannot be said that the sentence imposed by the lower court is too uneasible and unfair.

3. As such, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices on the bench. However, since the part concerning “criminal records” among the criminal facts of the judgment below and the part concerning “aggravating repeated crimes” among the summary of evidence and the part concerning “aggravating repeated crimes” among the application of the statutes are apparent from office due to mistake, it shall be corrected to ex officio delete it pursuant to