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(영문) 광주지방법원 2017.11.14 2017노47

특수상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is too unfilled and unreasonable.

2. The judgment of the Defendant caused secondary damage by following the beer’s disease, such as: (a) the method of the commission of crime was dangerous; (b) the use of agreement to the victim; and (c) intimidation.

However, the victim seems to have suffered a relatively minor injury, and the defendant deposited 1.5 million won for the victim, and there is no record of punishment for violent crime since 2009.

In addition, considering the various circumstances, such as the defendant's age, sex, environment, motive, method, and consequence of the crime, which are shown in records and pleadings, the sentence of the court below is only within the scope of reasonable discretion, and it is difficult to view it as unfair because it is too low.

Therefore, prosecutor's assertion is not accepted.

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.