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(영문) 수원지방법원 2016.06.09 2015노6726
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor's appeal of this case is that when the defendant became aware of the fact that the victim, who is the Army officer, committed an indecent act against his own female, the crime of this case is unfair because the court below's sentence that sentenced a community service order of two years and 200 hours during the suspension of the execution of one-year imprisonment is too unfortunate and unfair in light of the following: (a) the victim injured the victim in order to gain monetary profits by taking advantage of the victim's indecent act; (b) the victim was suffering from the victim's long-term suffering from being unable to live a normal life for a long time; and (c) the defendant complained of the punishment for the defendant.

2. In full view of the facts alleged in the grounds of appeal, the lower court’s punishment is too unfasible and unreasonable, even if considering the circumstances alleged in the grounds of appeal, given that the Defendant’s conviction is too unfasible, and the amount of refasible from the victim is relatively small, the Defendant has no record of criminal punishment exceeding the fine, and all the conditions of sentencing specified in the records and arguments, such as the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime. Therefore, the foregoing assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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