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(영문) 수원지방법원 2018.08.09 2018노2283

특수상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (one year of imprisonment) on the gist of the grounds of appeal is too unhued and unreasonable.

2. In the case of a crime of special bodily injury, strict punishment should be imposed in consideration of the fact that there is a large risk in light of the method of the crime, the injury of victims is not less severe, and the defendant does not make efforts to recover from damage.

However, considering all the conditions of sentencing as shown in the records and arguments of this case, such as the fact that the defendant has no previous conviction in the same kind, contingent crimes, the defendant's age, sex conduct, environment, family relationship, motive for the crime and circumstances after the crime, it does not seem that the court below's punishment is too unfeasible and unfair.

3. Accordingly, 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.