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(영문) 대전지방법원 2015.07.23 2015노732
폭력행위등처벌에관한법률위반(상습상해)
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) of the lower court (e., one year and six months) is deemed to be too uneasible and unfair.

2. The judgment of the defendant committed the crime of this case without being able to do so during the period of suspension of execution due to violent crimes, and the crime of this case is committed by the defendant without any particular reason, and not only by the defendant, but also by a woman with low resistance ability, and the risk and high quality of the crime is not good, and in the case of the so-called pro-called arrest crime that leads to an unspecified person without any reason like this case, in order to protect citizens against the crime and maintain social safety, it is necessary to prevent recidivism by strictly punishing the same criminal as the defendant and separating him from society for a certain period, and the defendant did not agree with the victims, and the fact that the defendant did not recover from damage is disadvantageous to the defendant.

However, there are extenuating circumstances, such as the Defendant’s mistake, and there has been no past history of punishment until now, the Defendant’s health is not good due to sson’s disease, and depression caused by sinson’s disease suffered by the Defendant, and the Defendant’s mother and the Defendant’s punishment were the cause of the instant crime, and the Defendant’s mother and the punishment were against the Defendant, and the Defendant’s treatment and guidance are being performed, and the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions, such as the circumstances after the crime, are deemed unreasonable.

3. The final appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is groundless. It is so decided as per Disposition

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