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(영문) 인천지방법원 2018.07.05 2017노3940
특수상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too uneasable and unreasonable.

2. The judgment of the court below denied the crime of this case at the court below, the nature of the crime is not good, and there is a need to strictly punish the defendant when considering that the defendant is a crime during the suspension of execution period. However, at the time of the trial, the defendant recognized all of the crimes, and against the defendant's consent to the defendant at the investigation stage, the victim did not want the punishment of the defendant, the victim was not injured, the victim was not injured, there is no criminal history related to violence, and there is no history of criminal punishment against the defendant, and the crime of this case is somewhat contingent, and all the sentencing conditions shown in the arguments up to the trial, such as the defendant's age, sex, environment, means and method of the crime, the result, and the circumstances after the crime, etc., it cannot be said that the sentence imposed by the court below is unfair because it is too unreasonable.

Therefore, the prosecutor's improper argument of sentencing 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 (Article 189 of the Criminal Procedure Act on the costs of lawsuit).

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