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(영문) 서울중앙지방법원 2017.08.18 2017노1204
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of suspended sentence of ten months, and forty hours of an order to attend a course) is deemed to be too uneasible and unfair.

2. The Defendant’s use of violence several times against the victim, the degree of such violence was considerably significant, and even after the use of violence, sent text messages, etc. to the victim is disadvantageous to the Defendant.

However, the fact that the defendant is recognized as all of the crimes in the appellate trial, and that the defendant has no record of crime in addition to the punishment of a fine once for a crime of this kind, etc. are favorable to the defendant.

Taking into account such various circumstances and other circumstances as the Defendant’s age, sexual conduct, motive for committing a crime, and circumstances after committing a crime, it is difficult to view that the lower court’s sentence against the Defendant is too uneasible because it goes beyond the scope of sentencing discretion, and thus, is unreasonable.

Therefore, the prosecutor's improper argument of sentencing is not accepted.

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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