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(영문) 서울남부지방법원 2018.12.07 2018노1816
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) is too unhued and unreasonable.

2. In full view of all the sentencing conditions in the records and arguments of this case including the circumstances that the court below rendered on the grounds of sentencing (the defendant had the record of having been already punished several times for the same kind of crime, in particular, the defendant committed the crime of this case during the repeated crime period, and the defendant does not seem to be seriously against the defendant, and there is a mental disability of grade 3 in the mental delay, and the degree of the injury of this case is not severe) and all the sentencing conditions in the records and arguments of this case, the sentence imposed by the court below is deemed appropriate, and it is too unreasonable, and the prosecutor's assertion is without merit.

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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