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(영문) 수원지방법원 2018.03.22 2017노8197
특수폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of suspended execution, two years of probation, observation of protection, and 80 hours of community service in one year of imprisonment) on the gist of the grounds of appeal is too unfasible and unreasonable.

2. Although the nature of each of the crimes of this case is not somewhat weak, the sentence of the court below is too unfeasible and unreasonable in light of the following factors: (a) the defendant reflects the defendant; (b) there is no previous conviction for the same kind of crime; (c) the victim of the damage to property does not want punishment; and (d) the defendant's age, sexual conduct, environment, family relationship, motive, and circumstances after the crime; and (e) all of the sentencing conditions specified in the records and arguments of this case, such as

3. Accordingly, 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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