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(영문) 대전지방법원 2015.10.21 2015노1995
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of one million won) imposed by the lower court on the Defendant is too unfased and unreasonable.

2. The fact that the victim is trying to punish the defendant, that the defendant has been sentenced to a fine eight times for the same crime, that is, two times for suspended execution, one time for suspended execution, and that he has been sentenced to a fine for the same crime is disadvantageous to the defendant.

However, the fact that the defendant received the judgment of the court below and is against the defendant, and that the degree of violence is not serious is favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the arguments and records, there is no change in circumstances to determine different sentences from the lower court. As such, the lower court’s sentence is too uneasible and unreasonable, the Prosecutor’s allegation of unfair sentencing is rejected.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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