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(영문) 광주지방법원 2018.11.22 2018노1863
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. The fact that the Defendant again committed the instant crime despite having been punished several times for the same kind of crime in the past is disadvantageous.

On the other hand, there are favorable circumstances, such as the fact that the defendant recognized his mistake and reflects, and that the victim and the victim in the state of drinking appear to have caused the crime of this case by contingently, and that there are some circumstances to consider the circumstances, and that the victims do not want the punishment against the defendant.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

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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