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(영문) 서울북부지방법원 2017.11.30 2017노1713
살인예비
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal is unfair because the sentence imposed by the court below on the defendant (one year of imprisonment, two years of suspended execution, observation of protection, 40 hours of violence treatment lectures, confiscation) is too unfasible.

Judgment

In light of the motive and background leading up to the instant crime, the means and method of the crime, the circumstances before and after the instant crime, the defendant's age, sexual conduct, environment, occupation, family relation, etc., the punishment imposed by the court below is too unfortunate and thus unfair, in light of the following circumstances: (a) the defendant's motive and circumstance leading up to the instant crime; (b) the means and method of the crime; (c) the circumstances leading up to the instant crime; (d) the defendant's age, sex, environment, occupation, family relation, etc. and the sentencing conditions indicated in the pleading.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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