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(영문) 광주지방법원 2017.06.15 2016노2941
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in six months of imprisonment) is unfair because it is too unfasible.

2. The judgment of the court below is a primary offender, the degree of injury of the victim is not very serious, the defendant's agreement was smoothly reached with the victim, the defendant's mistake was recognized and reflected, and other circumstances mentioned in the arguments of this case, such as the defendant's age, sexual conduct, environment, motive and consequence of the crime, etc., are taken into consideration, and thus, the prosecutor's assertion is not acceptable on the grounds that the sentence of the court below is too unfeasible and it is not deemed unfair.

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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