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(영문) 서울동부지방법원 2014.09.04 2014노658

폭행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Taking into account the following circumstances: (a) the risk of re-offending, which may have been known in the history of the criminal act committed by the Defendant, including the previous convictions due to the violence of the Defendant; and (b) the situation in which no agreement was reached with the police officers from among the victims, the punishment of the lower court (six months of imprisonment and one year of suspended execution)

2. The judgment is disadvantageous to the defendant in sentencing, including the fact that the defendant had a total of seven times of criminal records including a fine, etc. due to violence, and that there is no agreement with the police officers among the victims.

However, in full view of the following circumstances: (a) the Defendant led to the confession of a crime; (b) the Defendant recovered from the offense; and (c) the Defendant agreed with the victim of the assault; (d) the Defendant supports a minor child; and (e) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) other circumstances, such as the Defendant’s age, character and conduct, the motive, means and consequence of the crime; and (e) the circumstances after the crime,

The prosecutor's assertion of unfair sentencing is without merit.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition.