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(영문) 부산지방법원 2016.02.26 2015노1120

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. The crime of this case is established that the Defendant committed the crime of this case during the period of repeated offense after having completed the execution of the sentence on August 18, 2014 by being sentenced to one year by imprisonment with prison labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (rape, etc.) in support for the development of water sources, which had been punished several times due to the same kind of crime, and that the Defendant committed the crime of this case during the period of repeated offense after having completed the execution of the sentence.

However, in full view of the fact that the Defendant led to the instant crime and reflects his mistake, the Defendant’s age, environment, family relationship, circumstances leading to the instant crime, and other circumstances that form the conditions for sentencing indicated in the record, such as the circumstances before and after the instant crime, it does not seem that the lower court’s punishment is too unfeasible and unfair.

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.