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(영문) 대구지방법원 2017.02.03 2016노5453
특수폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is deemed to be too unhued and unreasonable.

2. In light of the attitude, method, frequency, etc. of each of the instant crimes, it is recognized that the Defendant committed each of the instant crimes during the period of repeated crime, without being aware of the person who was sentenced to a fine, who was sentenced to a suspended execution, or who was sentenced to a criminal punishment on several occasions due to violent crimes, in the emergency room of the hospital as stated in the judgment of the court below, for the period of repeated crime due to multiple violent crimes, without being able to commit the crime of interference with duties and attempted to destroy property and attempted to destroy property, and that the Defendant did not agree with the victims.

However, considering the following factors: (a) the Defendant’s mistake is divided; (b) the degree and degree of injury is not serious; and (c) the Defendant’s age, sex, environment, motive, means and consequence of each of the instant offenses; and (d) all of the sentencing conditions specified in the instant pleadings, such as the circumstances after the commission of the offense, the lower court’s punishment is too uneasible and unfair.

Therefore, 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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