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(영문) 광주지방법원 2016.10.19 2016노2782
특수상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment) on the summary of the grounds for appeal is too unfased and unreasonable.

2. The crime of this case was committed without any particular reason by the defendant, which caused injury to the victims, and the quality of the crime is not very good, and the defendant has been punished several times including the punishment for violent crimes in the past. In particular, the defendant was sentenced to imprisonment on August 11, 2015, and was committed on December 10, 2015 without the consent of the victim despite the completion of the execution of the above punishment, which was in the period of repeated crime, and was committed on December 10, 2015. The defendant did not agree with the victims until the trial, and did not take measures for the recovery of damage, and the victims were punished for the defendant.

On the other hand, it is more favorable that the defendant's mistake was properly recognized and reflected in the course of the trial, and that the injury suffered by the victims other than the victim G is not serious.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unreasonable.

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.

(However, the criminal facts of the judgment of the court below are clearly stated that the term "eight months of imprisonment" is a clerical error of "four months of imprisonment", and thus ex officio correction is made in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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