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(영문) 대구지방법원 2016.09.02 2014노4293
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The judgment accused committed each of the crimes in this case without being aware of the fact that he/she was sentenced to a suspended sentence of one year and six months for a violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.).

However, the Defendant recognized all of the crimes of this case, and is in profoundly against its depth, and the degree of damage caused by each of the crimes of this case is not significant.

The defendant lives difficult to be a basic livelihood recipient, and is receiving medical treatment due to alcohol existence, etc.

In addition, comprehensively taking into account the following circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and circumstances after the crime, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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

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