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(영문) 서울남부지방법원 2018.06.12 2017노1197
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasons for the prosecutor’s appeal (unfair sentencing) of the lower court’s punishment (amounting to three million won) is too unhued and unreasonable.

2. In light of the fact that the defendant was punished for several violent crimes even though he/she was under protection observation as a person subject to protection, and committed the crime of violent inclinations repeatedly during a short period of time, there is doubt that the defendant's punishment is not somewhat minor.

However, despite the difficult family environment of the defendant, the examination notice was relatively faithful to the protection and observation, it appears that the defendant committed the crime of this case contingently while drinking s and alcohol, the victim paid damages to the victim, and the victim also submitted a petition to the defendant that he was responsible for the defendant, and other various conditions of sentencing as shown in the arguments, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, the circumstance after the crime, etc. are deemed unfair, and thus, 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.

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