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(영문) 서울북부지방법원 2017.08.24 2017노604
특수상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended execution, and forty hours of violent treatment lectures) is too uneasible and unfair.

2. In light of the circumstances favorable to the Defendant, such as the fact that the Defendant was punished several times due to a crime similar to the instant case, but there is no criminal history that the victimized person wants to punish the Defendant, and that there is no criminal record that the Defendant was punished in excess of the fine, etc., as well as other various circumstances, such as the motive and background leading up to the instant crime, the means and method of the crime, the circumstances before and after the instant crime, the Defendant’s age, sexual conduct, environment, occupation, family relationship, etc., the sentence imposed by the lower court is too uneasible and unfair.

3. In conclusion, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That since it is evident that the part of the judgment of the court below’s "reason" was omitted from the victim D’s statement on the side of the "victim D," it is added. Thus, it is corrected ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.

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