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(영문) 광주지방법원 2018.03.22 2017노1906
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 sentence in prison for ten months, and one hundred and twenty hours of community service) is too unfluent and unfair.

2. The judgment is an unfavorable circumstance, such as the fact that the defendant again committed the instant crime even if he/she was punished several times as a single crime, the fact that the nature of the crime is heavy in light of the degree and degree of damage, and the fact that the victim wants to punish the defendant.

On the other hand, it is favorable for the defendant to recognize and reflect his mistake, deposit 7 million won to the victim, and make efforts to recover damage, and there is no record of punishment exceeding the fine.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too uneasible and thus, cannot be deemed unfair. Therefore, the Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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