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(영문) 수원지방법원 2018.10.11 2018노5214

특수폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (four months of imprisonment) on the gist of the grounds of appeal is too unfilled and unreasonable.

2. In light of the fact that the Defendant had been a previous criminal of the same kind and committed during the same repeated crime period in light of the method of the crime, it is unreasonable to punish the Defendant. However, considering the fact that the Defendant appears to have an attitude against the Defendant, contingent crimes, the victim does not want the Defendant’s punishment, and other conditions of sentencing specified in the records and arguments of this case, including the Defendant’s age, sex, environment, family relationship, motive for the crime, and circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable.

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 without merit. It is so decided as per Disposition.