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(영문) 수원지방법원 2018.05.11 2017노9329
특수상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (the imprisonment of eight months, the suspension of the execution of two years, and the community service order of 40 hours) is too unhued and unreasonable.

2. In light of the content of each of the instant crimes and the degree of damage, etc., the nature of the crime is not less and less than that of the Defendant, and the fact that the Defendant did not agree with the victim F of the special intimidation is disadvantageous to the Defendant.

On the other hand, it is favorable for the defendant to recognize his mistake, and there is no record that the defendant has been punished in excess of the punishment and fine for the same kind of crime, and that the defendant agreed with the victim E of the special injury crime.

Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem the lower court’s punishment to be too unfortunate and unfair.

Therefore, the prosecutor's above 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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