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(영문) 수원지방법원 2017.12.22 2017노5958
특수상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s sentence (one year and six months of imprisonment, four years of suspended sentence, order of observation for protection, 40 hours of an order of attending a alcohol treatment program, and 40 hours of an order of attending a violent treatment program) is too unfasible and unreasonable.

2. In a case where there is no change in the terms and conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime is an unfavorable circumstance where: (a) the Defendant inflicted an injury on the victim who is his wife; (b) the nature of the relevant crime was very heavy; and (c) the Defendant has a record of receiving a disposition to send home protection cases due to the same criminal history and violence.

However, in full view of the fact that the Defendant appears to have mistakenly recognized the Defendant’s mistake and against the period of detention, the fact that the Defendant agreed and agreed to receive a letter from the injured party, the Defendant’s treatment for alcohol dependence, and other sentencing conditions, such as the Defendant’s age, sex, occupation, occupation, environment, motive and circumstance of the offense, method and method of the offense, and circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed to be unfair because it is too unreasonable.

Therefore, prosecutor's assertion is not accepted.

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.

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