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(영문) 광주지방법원 2017.07.20 2016노4057
특수상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution, observation of protection, and 40 hours of lectures for violent treatment in October) is unreasonable because it is too unfasible.

2. The judgment that the defendant has been punished for violence-related crimes is disadvantageous to the defendant.

However, considering the fact that the degree of injury of the victims is not very serious as 2 weeks in total, the fact that the defendant recognizes and reflects his mistake, and other circumstances shown in the arguments of this case, such as the defendant's age, sexual conduct, environment, motive and consequence of the crime, etc., the court below's punishment is too uneasible and unfair, and thus, the prosecutor's assertion is rejected.

3. The prosecutor’s appeal of the conclusion is without merit and is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Provided, That pursuant to Article 25(1) of the Regulation on Criminal Procedure, the ex officio deletion of “1. Articles 40 and 50 of the Criminal Procedure Act” in the application of the law of the judgment below shall be corrected by correcting ex officio pursuant to Article 25(1).

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