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(영문) 대구지방법원 2017.06.15 2016노5574
특수상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution, and observation of protection) on the summary of the grounds for appeal is too unfased and unreasonable.

2. The lower court rendered the said sentence in consideration of the fact that there was no past record of punishment heavier than a fine for the same crime, and that there is a reflective nature, etc.

In addition to the above circumstances, the court below's decision that the defendant's sentence was proper and that the judgment of the court below exceeded the reasonable limit of discretion, in light of the defendant's age, sexual conduct, environment, circumstances leading to the defendant's crime, means and result, size of the crime, circumstances after the crime, etc., the court below's decision of sentencing exceeded the reasonable limit of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, as asserted by a prosecutor, the lower court’s sentencing cannot be deemed unfair as it is so far as it ought to be reversed.

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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