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(영문) 서울북부지방법원 2018.02.09 2017노1950
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (ten months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. The instant crime committed by the Defendant, while being wraped with the victim, committed the instant crime by taking the victim’s face by drinking, with approximately four weeks of the victim’s face, resulting in the victim’s unsatisfying of a non-satch, which requires treatment, and the nature of the crime is very poor.

Defendant has been punished four times for a crime related to violence.

The defendant did not agree with the victim or recover from damage until the trial of the party.

However, the defendant does not repeat the crime again.

In addition, there are no special circumstances or changes in circumstances that can be newly considered in sentencing after the decision of the court below.

In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of the conditions of sentencing as indicated in the instant pleadings, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive, circumstance, means and consequence of each of the instant crimes, and the circumstances after the crime, it cannot be said that the sentence imposed by the lower court is too unjustifiable and 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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