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(영문) 광주지방법원 2020.12.24 2020노653
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's punishment (two months of imprisonment, two years of suspended execution, and probation) is too unfased and unreasonable;

2. The crime of this case is not suitable for the nature of the crime due to domestic violence, and is in danger of transfer of the act by carrying dangerous articles, etc., and is disadvantageous to the defendant.

On the other hand, the fact that the degree of injury suffered by the victim is not much weighted, that the defendant has no record of criminal punishment as well as punishment by a fine for a crime of double-class, and that some of the crimes can be considered in the motive, etc. are favorable to the defendant.

In addition, the Prosecutor’s assertion is not acceptable on the ground that the sentence of the lower court is too unjustifiable and unreasonable, comprehensively taking account of the Defendant’s age, character and conduct, family environment, motive and background of the crime, and the circumstances after the crime.

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

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