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(영문) 청주지방법원 2018.07.06 2018노216
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one million won in penalty) is too uneasy and unreasonable.

2. The lower court determined the sentence by taking into account the following circumstances as revealed in the lower judgment’s “reasons for sentencing”.

[Unfavorable circumstances] The crime of this case was committed by the defendant by scambling the victim's left side by scambling the victim's mack, and the part of the victim's scam with a single scam, and the nature of the crime is not weak

The Defendant did not receive a letter from the injured party.

Defendant has been punished several times by committing violent crimes.

[ favorable circumstances] The defendant seems to have committed the crime of this case in a contingent manner while he/she has a verbal dispute with the victim.

No defendant has been punished by a fine heavier than that of a fine even before his/her objection.

In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age and reputation, character and health status, family relationship, and circumstances after the crime, the punishment shall be determined as ordered.

In light of the fact that the court below appears to have determined an appropriate punishment by taking into account the circumstances favorable to the defendant and unfavorable circumstances, and other circumstances that form the conditions for the sentencing of this case as indicated in the records, such as the defendant's age, sex, environment, motive and circumstances leading to the crime of this case, and circumstances after the crime, it does not seem that the court below's punishment against the defendant is too unreasonable.

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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