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(영문) 서울남부지방법원 2020.03.31 2018노1617
특수상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (in the original case, one year of imprisonment, two years of suspended execution, order to provide community service, 120 hours and order to attend a course, 40 hours);

2. In light of the following: (a) there was no agreement with the victim regarding the judgment; (b) there was a number of previous and several occasions; (c) there was a confession and reflect on the crime in question; and (d) the degree of injury of the victim was relatively low; and (c) the Defendant did not have any punishment more than a suspended sentence since 1983; and (d) other various sentencing conditions specified in the instant pleadings, including the motive and circumstance for the crime, the Defendant’s age, character and conduct, health, environment, etc., the lower court’s sentencing cannot be deemed unfair because it goes beyond the reasonable scope of discretion.

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.

However, in the application of the law of the court below, it is clear that "1......, in the application of the law of the court below, the imprisonment choice for the crime of special material destruction and damage of the punishment is a clerical error, and thus, it is corrected by ex officio deletion

.

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