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(영문) 서울북부지방법원 2017.09.07 2017노1144
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year of imprisonment with prison labor for six months, one year of suspended execution, and 40 hours of community service) is too unhued.

2. In light of the fact that the damage suffered by the victim was not recovered due to the instant crime and the fact that the defendant was punished for the same kind of crime several times, etc., however, the degree of injury suffered by the victim is relatively minor, etc. Meanwhile, considering 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, and other circumstances that are the conditions for sentencing as shown in the records and pleadings, the sentence imposed by the court below is too uneasible and unfair.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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