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(영문) 광주지방법원 2016.10.19 2016노1116
특수상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for one year of imprisonment, two years of probation, and 120 hours of community service order) declared by the court below is too unhued and unreasonable.

2. In light of the details of the instant case and the Defendant’s act, the fact that the nature of the instant crime is not good, and the Defendant did not agree with the victim or take measures for the recovery of damage until the trial is brought against the victim.

On the other hand, it is advantageous to the fact that the defendant properly recognizes and reflects his mistake, the degree of injury suffered by the victim is relatively minor, and the defendant has no criminal record exceeding the same criminal record or fine.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unreasonable.

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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