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(영문) 대구지방법원 2017.12.14 2017노4459

특수폭행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fine of KRW 500,000 for the crime No. 1 as indicated in the judgment of the court below and the imprisonment of one year and six months for the remaining crimes) which the court below rendered is too unfford and unreasonable.

2. In particular, the Defendant committed the crime of assault, intimidation, etc. over several times since the date of release even though he was sentenced to a repeated crime of the same kind for the same crime, which has not yet been long since the date of release. Among them, some of the crimes committed by assault, intimidation, etc. are deemed to be in good faith, and there is a high degree of criticism in that there is a lack of criminal quality such as causing harm to the life and body of the victim, and that it has not yet been taken from the victims.

However, in full view of the following: (a) the Defendant committed a crime against the mistake while committing the instant crime; (b) the result of actual serious thought did not occur; (c) the crime No. 1 of the holding of the lower judgment is in the relation of the obstruction of business duties for which the judgment became final and conclusive and the concurrent crime of a group after Article 37 of the Criminal Act; and (d) the equity with the case where the Defendant was tried at the same time; and (e) the overall sentencing conditions in the records and arguments, such as the Defendant’s age, sexual behavior, environment, occupation, and circumstances after the crime, are considered as being committed,

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.