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(영문) 광주지방법원 2014.12.11 2014노1038
간통
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (the 6-month suspended sentence for each of 6-month imprisonment) of the lower court is deemed to be too unhued and unfair.

2. Determination of the crime of this case leads to the failure of the family of the victim, and the victim did not agree with the victim. It is disadvantageous that the victim wanted to punish the defendant with severe punishment.

However, in light of the favorable circumstances, such as the fact that the Defendants recognized their mistake and against it, Defendant A did not have any record of punishment other than that for drinking driving in 2007, Defendant B did not have any record of punishment, Defendant B was sentenced to suspended execution, and the above Defendant is sentenced to suspended execution, it seems that it would be too harsh for the above Defendant to retire ipso facto from the workplace. Considering the favorable circumstances, such as the fact that the above Defendant deposited KRW 10 million for the victim, the age, character and conduct, environment, the background and consequence of the instant crime, and the circumstances after the crime, 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 as it is without merit. It is so decided as per Disposition.

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