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(영문) 부산지방법원 2018.10.12 2018노2951
폭행치상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection) is too minor.

2. In full view of all the circumstances in the arguments and records of this case including the circumstances unfavorable to the defendant's age, character and character environment of the defendant, motive means of the crime, results of the crime, circumstances after the crime, etc., and all the sentencing conditions in the records, including the circumstances (the nature and circumstances of the crime are not good, the number of crimes is high, and the victim's relationship has been agreed to be arranged) and favorable circumstances (the fact that considerable part of the crime is recognized, the primary crime, and the health is not good) as stated in the reasoning of the judgment of the court below, the sentencing judgment of the court below exceeded the reasonable limit of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and 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 appeal is without merit. It is so decided as per Disposition.

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