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(영문) 수원지방법원 2015.04.15 2014노6437

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

2. There is a need for a more strict punishment for the accused in that the accused has been punished several times for the same or similar crimes in the past, and that is not for recovery of damage to the victim.

However, it is hard to say that the defendant's mistake is divided in depth and does not repeat again even at the latest, and that the extent of assault committed by the defendant is so large that the damage suffered by the victim is relatively minor, the defendant has received treatment of alcohol addiction before being detained separately, and the defendant shows his own intention of treatment even after release, and the defendant's detention is likely to cause serious difficulties to his family's livelihood as he currently increases the children, and it seems that the defendant's detention would result in serious difficulties in his family's livelihood, and it is not judged unreasonable considering various circumstances that are the conditions for sentencing specified in the records and arguments of this case, such as the motive and circumstances of the crime in this case, the circumstances after the crime, the defendant's age, character and behavior, and environment, etc., as well as other various circumstances, the sentence imposed by the court below is too unreasonable.

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.