beta
(영문) 대구지방법원 2018.05.16 2018노790

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 is too unfasible and unfair.

2. The Defendant’s crime of this case is an unfavorable circumstance to the Defendant that the Defendant, without any special reason, takes a bath for female women and commits assault, and the nature of the crime is bad, and that the Defendant committed the crime during the period of repeated crime of the same kind and species, in particular, is highly likely to commit the crime.

However, considering the fact that the defendant is recognized as committing the instant crime, and the degree of assault is not serious, taking into account the favorable circumstances in which the defendant's age, sexual conduct, environment, family relationship, circumstances leading to committing the instant crime, means and result, and all of the sentencing conditions as shown in the records and arguments, such as the circumstances after committing the instant crime, the sentence imposed by the court below is appropriate, and the sentencing judgment by the court below exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's above assertion is without merit, since the court below's punishment is too unfasible.

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.