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(영문) 수원지방법원 2017.11.13 2017노3688
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of the facts, the court below found the defendant guilty of the injury among the facts charged of this case, but found the defendant not guilty of the injury.

B. The sentence sentenced by the lower court against the Defendant (200,000 won in penalty) is too unhued and unfair.

2. Determination

A. In a thorough examination of the evidence duly adopted and examined by the court below in light of the records, the court below's finding the defendant not guilty on the charge of injury among the facts charged of this case on the grounds as stated in its holding is just and acceptable, and there are errors in the misapprehension of facts as alleged by the prosecutor.

subsection (b) of this section.

Therefore, the prosecutor's above assertion is without merit.

B. In this case, the determination of the unfair argument of sentencing is that the defendant insultingd the victims by taking the desire for the victims who are related to his/her relatives, and the nature of the crime is not weak.

On the other hand, however, the defendant reported that the victims have laid their remains out of a charnel and caused snow to commit the crime of this case, and there are circumstances to be considered in light of the circumstances, and there is no same criminal record for the defendant.

Considering the above conditions unfavorable to or favorable to the defendant, and the age, sex, environment, and all other conditions of sentencing as shown in the argument of this case, the sentence imposed by the court below against the defendant is too uneasible and unreasonable.

Therefore, prosecutor's above assertion is without 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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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