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(영문) 광주지방법원 2018.11.22 2018노2336

특수폭행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. The Defendant committed each of the instant crimes even though he/she was punished several times for the same crime and was in office for the suspended execution period, etc. is disadvantageous.

On the other hand, the fact that the defendant recognizes and reflects his mistake, the damage and assault of the defendant are relatively heavy, and the damage amount is repaid to the victim and the victim does not want the punishment of the defendant by agreement.

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.