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(영문) 광주지방법원 2018.04.12 2017노2448
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (four months of imprisonment, two years of suspended sentence, and observation of protection) is too unfased and unreasonable.

2. The fact that the defendant again committed the instant crime even though he/she was punished several times for the same crime, and that he/she did not take measures to recover damage, such as agreement, is disadvantageous.

On the other hand, the fact that the defendant recognizes his mistake and reflects his fault, and the degree of injury suffered by the victim seems to be relatively minor is favorable.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too uneasible and thus, cannot be deemed unfair. Therefore, the Prosecutor’s assertion is without merit.

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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