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(영문) 전주지방법원 2015.06.03 2015노28

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s punishment (two months of imprisonment and two years of suspended execution) against the Defendant as to the gist of the grounds for appeal is deemed unreasonable.

2. In full view of the defendant's age, criminal records, character and behavior, environment, family relationship, motive and circumstance of the crime, etc., as well as the sentencing guidelines for the enactment of the Sentencing Commission, the court below's sentence is deemed appropriate and it is deemed unfair since the defendant's error is recognized as the defendant's punishment against the defendant, and there is no history of punishment heavier than the suspension of execution for about 30 years, the defendant has been punished for the recent years, and the defendant's treatment as a result of alcohol usage disorder, and the defendant's age, criminal records, character and behavior, environment, family relationship, criminal motive and circumstance after the crime, and other various sentencing conditions as shown in the argument of this case, such as the defendant's age, criminal records, personality and behavior, family relationship, crime motive and circumstance after the crime, etc.

3. According to the conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the prosecutor's appeal of this case is without merit.