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(영문) 의정부지방법원 2013.09.05 2013노1216
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence of the court below (the sentence of a fine of one million won: the fine of one million won; the sentence of a fine of two thousand won; the sentence of a fine of six months; the suspended execution of two years; the probation of a fine of two years) is too unfasible and unfair.

2. In light of such circumstances as the degree of violence used by the victim on the market, the degree of injury caused by such violence is severe, and the defendant's assault against the victim seems to have been continuously committed, and the victim, who is the father, has no choice but to rely on the protection of the victim, who is the child, is bound to unilaterally undergo domestic violence of the defendant, and the defendant seems to have abused it, it is difficult to punish the defendant strictly.

However, it is difficult to see that the Defendant left home and worked at an entertainment establishment as it is, and therefore, the Defendant appears to have committed the instant crime by taking into account such circumstances as: (a) there are grounds to take into account the motive; (b) there is no need to take into account the future Defendant and the victim’s relationship recovery; and (c) there are various sentencing conditions as indicated in the records of the instant case, including the Defendant’s age, character and conduct, method of crime, and circumstances after the crime, etc., the sentence of the lower court against the Defendant is unreasonable in light of all the sentencing conditions indicated in the records of the instant case, such as the Defendant’s age, character and conduct, method of crime, and circumstances after the crime.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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