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(영문) 청주지방법원 2020.01.30 2019노1006
특수상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the purport of the grounds for appeal, the Defendant, who had been subject to multiple criminal punishment for the same crime as this case, committed several times due to the same violence, etc., and the risk of repeating a crime by committing the instant crime, and the very poor nature of the crime in light of the method of committing the instant crime, the lower court’s punishment (one year of imprisonment, three years of suspended execution, and three years of probation) is deemed unreasonable.

2. We examine the judgment, and consider the circumstances alleged by the prosecutor in the grounds of appeal in light of the court below’s determination of punishment in the court below, and it is difficult to recognize that the court below’s determination of sentencing was too unafford and exceeded the reasonable scope of discretion, considering the following factors: (a) the defendant committed the crime in this case and committed the crime in this case; (b) the defendant was aware of his mistake in depth; and (c) not only agreed with the victim and the victim; and (d) the defendant appears to have faithfully lived after completing the execution of the sentence as a result of the crime in this case with regard to the above violence.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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