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(영문) 서울서부지방법원 2017.03.30 2016노1660
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court against the Defendant on the summary of the grounds of appeal (the amount of eight million won in penalty) is too unfased and unreasonable.

2. The fact that the Defendant had been sentenced to punishment due to violent crimes, such as injury to the Defendant, interference with the performance of official duties, etc., and that each of the crimes of this case constitutes a repeated crime, and that the nature of the crime is very poor, such as exercising violence against the victims under the influence of alcohol and assaulting police officers controlling it, etc., are very poor.

However, considering the fact that the Defendant led to the confession and reflect of the crime, that the Defendant agreed with the victims of the injury and property damage, the degree of damage caused by the crime of this case, and all other conditions of sentencing as shown in the pleadings, such as the Defendant’s age, sex, family environment, etc., the sentence of the lower court cannot be deemed to be too unafford and reversed.

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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