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(영문) 대전지방법원 2019.10.23 2018노3674

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant (a fine of 1.5 million won) is too unhued and unfair.

2. The judgment that the defendant's act of committing the crime reflects on the defendant, that the degree of violence is not much serious, and that one million won was deposited for the victim when it comes to the trial, is favorable to the defendant.

The defendant's previous convictions, including probation, are several times, and the victim's failure to receive a letter is disadvantageous to the defendant.

In full view of the aforementioned circumstances and other factors, including the motive, means, and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court cannot be deemed as so far as the lower court’s sentencing is too uneasible and so doing, thereby exceeding the reasonable scope of its discretion.

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