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(영문) 서울남부지방법원 2017.09.14 2017노1499
특수폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment) on the summary of the grounds for appeal is too unfased and unreasonable.

2. The Defendant, without any particular reason, seems to have threatened or abused the victims of bicycles and pipes, which are dangerous articles, and thereby, seems to have suffered from the victims of their age.

The Defendant committed the instant crime without being able to do so during the period of a repeated crime.

The risk of recidivism is high because there are many criminal records, including the same criminal records and suspended sentence, to the defendant.

The defendant did not agree with the victims by the date the judgment of the court was rendered.

On the other hand, the defendant recognized the crime of this case and opposed to the mistake.

The Defendant committed the instant crime in a contingent manner under the influence of alcohol due to the existence of alcohol.

In the court below, the defendant was sentenced to imprisonment with prison labor for one year as it is deemed necessary to isolate him from society.

In addition, in consideration of all the sentencing circumstances shown in the records and arguments of this case, such as the defendant's age, sex, career, family relation, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and criminal experience, the sentence of the court below is too uneasible 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.

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