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(영문) 광주지방법원 2014.12.04 2014노1970
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The crime of this case was committed by a defendant who was sentenced to imprisonment due to a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (Special Robbery, Rape, etc.) and committed an injury in prison in consideration of the victim, who is a prisoner in prison, in prison, and the nature and circumstances of the crime are not weak, and the crime committed in prison is to be strictly punished in order to achieve the purpose of the criminal sentence to return to a sound member of society through correction and edification, and to maintain order in prison.

However, in light of all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, character and conduct, environment, the background and result of the instant crime, etc., it is deemed that the lower court’s punishment is too unjustifiable and unreasonable, and thus, the Prosecutor’s above assertion is groundless.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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