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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2018.01.25 2017노6676
특수폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds for appeal (the period of suspended sentence: imprisonment with prison labor for up to eight months) is too unhued and unreasonable.

2. In light of the fact that the crime of this case was committed by the Defendant on the sidewalk, which is a dangerous object, and the victim’s face, head, etc. and the method of crime is considerably dangerous, and the victim F is relatively heavy in need of medical treatment for four weeks, etc., the crime of this case is not somewhat good.

However, there are circumstances that can be considered in the process of the crime, such as the defendant's recognition of all of the crimes in this case and the defendant's death, and the victim's injury from the victim E, the victim's injury during body fighting with victims, and the victim's injury is recovered at the court below's original decision and the defendant does not want punishment for the defendant, there is no past record of criminal punishment in Korea, the defendant is a wife supporting the defendant's health, and other factors of sentencing specified in the records and arguments, such as age, sex behavior, environment, family relationship, motive, and circumstances after the crime, etc., the court below's punishment cannot be deemed unfair because it is too uneasible. Thus, the prosecutor's assertion has no merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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