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(영문) 대구지방법원 2019.08.23 2019노1073

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unhued and unreasonable.

2. Although there are extenuating circumstances, such as the fact that the Defendant was punished for the same kind of crime, the court below’s sentence cannot be deemed to be unreasonable to the extent that the Defendant’s punishment is too unfeasible, and thus, goes beyond the reasonable scope of discretion, considering the favorable circumstances such as the Defendant’s confession, the fact that the Defendant was committed in the course of wrapping with the victim, the degree of assault by the Defendant was not much serious, and other sentencing conditions indicated in the records and arguments of this case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime.

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