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(영문) 수원지방법원 2018.04.30 2017노4599
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the reasons for appeal (the imprisonment of eight months and the suspension of the execution of two years) is too unhued and unfair.

2. In addition to the circumstances favorable to the defendant, such as the fact that the defendant’s mistake is in profoundly against his/her own mistake, the circumstances that may be considered in the course of the crime, the fact that the defendant takes active relief measures immediately after the crime, the victim’s injury appears to have been recovered at a certain level, the defendant appears to have made efforts to recover damage within his/her own ability, such as paying the victim’s hospital expenses in excess of five million won, etc., there is no change of circumstances that may add the punishment of the court below in the first instance trial, and other various sentencing conditions specified in the records and changes theory, such as the defendant’s age, sexual behavior, environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the court below is judged to be appropriate, and it does not seem to be unfair because it is excessively frighted

The prosecutor's improper argument in sentencing is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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