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(영문) 서울북부지방법원 2018.06.08 2018노156
특수상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in one year of imprisonment with prison labor, two years of suspended sentence and observation of protection) is too uneased and unreasonable.

2. The judgment of this case is based on the following facts: (a) the defendant's strong landing of the victim as a main disease and suffered injuries, such as brain salva; (b) the defendant was not punished for the same crime; (c) the defendant has not been sentenced to suspension of qualifications or any heavier punishment; (d) the defendant paid KRW 3050,00 to the victim for the recovery of damage to the victim around May and June 2017; (e) the victim did not want the punishment against the defendant at the trial; and (e) other sentencing factors such as the defendant's age, sexual behavior, family relationship, motive, means, consequence, etc., the defendant's punishment imposed by the court below is not deemed unfair since the sentence imposed by the court below is uneasible; and (e) the prosecutor's assertion is not acceptable.

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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