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(영문) 청주지방법원 2016.07.22 2015노1500

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The crime of this case is deemed to have committed the crime of this case by setting up a dangerous object, destroying a wall inside a singing room, and assaulting a victim by taking advantage of the victim’s right shoulder, where the strike of the said beer was against the defendant. In light of the means and methods of committing the crime, the illegality of the act is not weak.

Moreover, the defendant has been sentenced to a fine for the same kind of crime.

이러한 점들을 고려 하면 피고인에 대하여 엄정( 嚴正) 한 처벌을 할 필요가 있다.

However, there are the following favorable circumstances for the defendant.

The Defendant recognized and led to all crimes of this case.

The crime of this case appears to have been committed by the Defendant under the influence of alcohol while carrying alcohol in a friendship and singing room, and immediately after the crime, the Defendant had expressed an attitude to recognize and reflect all facts.

It seems that the degree of damage and assault is not severe, and the defendant pays the cost of repairing the damaged wall and expresses his/her intention that the damaged person does not want to be punished by the defendant in agreement with the victim.

The defendant is not subject to a suspended sentence or heavier punishment.

In addition, comprehensively taking account of various circumstances such as the Defendant’s age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s sentencing is deemed to be too uneasible and unfair.

Therefore, the prosecutor's ground of appeal cannot be 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 prosecutor's appeal is without merit. It is so decided as per Disposition.