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(영문) 광주지방법원 2017.09.20 2016노4117
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a punishment of imprisonment for one year, a suspended sentence of three years, a observation of protection, a community service order of 240 hours, and an order to attend a alcohol treatment lectures of 40 hours) imposed by the court below on the defendant is unreasonable because it is too unfasible.

2. In light of the following: (a) there is no particular change in the sentencing conditions compared to the lower court’s determination; and (b) there are various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment seems unfair. Therefore, the Prosecutor’s aforementioned assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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