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(영문) 인천지방법원 2017.12.08 2017노3165
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (one million won in penalty) imposed by the court below on the defendant is too unhutiled and unfair.

2. It appears that the Defendant did not agree with the victim, and that there were violence inclinations to the Defendant, including the previous juvenile protection case of this case. However, the degree of assault of this case is minor, the Defendant received mental diagnosis and treatment by coercion before several years, etc., the Defendant has yet to be young and obstinced, and other sentencing conditions specified in the arguments of this case, such as the Defendant’s age, sex, sex, environment, family relationship, health status, the details, motive, means and consequence of the crime, etc., should be considered, and it is not recognized that the sentence imposed by the lower court is too unjustifiable and unfair.

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.

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