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(영문) 광주지방법원 2017.09.28 2016노4849
특수존속상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended sentence for one year, observation of protection, and 40 hours of lectures for alcohol treatment) on the gist of the grounds of appeal is deemed to be too unhued and unreasonable.

2. In light of the circumstances revealed in the arguments in this case, such as the Defendant’s age, sex (one time before and after assault), environment (victims and the Defendant), motive and consequence (two weeks before and after the commission of the crime), and circumstances after the commission of the crime, etc., the lower court’s punishment is too uneasible and it is not deemed unfair, and thus, the Prosecutor’s assertion is rejected.

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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