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(영문) 청주지방법원 2017.06.29 2017노300
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won in penalty) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

The defendant was unable to reach an agreement with the victim smoothly.

In 2013, many defendants have been punished for violent crimes such as being punished by a fine for assault.

Circumstances favorable to the defendant shall be as follows:

The defendant confessions the crime of this case and repents.

The extent of violence inflicted on the victim by the defendant is minor.

The defendant seems to have committed the crime of this case in a state of drinking.

The defendant seems to have to raise grandchildren and to be in an economically difficult situation.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

The prosecutor's assertion is without merit.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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