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(영문) 광주지방법원 2018.01.18 2016노4004
특수상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (6 months of imprisonment and 3 years of suspended execution) is too unfluened and unreasonable.

2. In full view of the following circumstances: (a) the fact that the Defendant, while under the influence of alcohol, knife the victim in light of the background, method and content of the instant crime; (b) the victim was not significantly injured; (c) the victim did not want to be punished against the Defendant; and (d) the circumstances favorable to the Defendant, other than being sentenced to a fine of KRW 300,000 as a result of property damage; and (c) other factors of sentencing as indicated in the instant records and pleadings, such as the Defendant’s age, sex behavior, environment, family relationship, circumstances after the commission of the crime, etc., it does not seem that the lower court’s punishment is too unjustifiable and unfair.

3. The appeal by the public prosecutor on the conclusion of the judgment is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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