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(영문) 대구지방법원 2017.05.25 2016노5166
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. That the Defendant committed the instant crime even though he/she had been already punished four times or more for the same violent crime, and that he/she did not receive a letter from the injured party is disadvantageous to the Defendant.

However, in full view of all the factors of sentencing indicated in the record, including the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is too unfeasible and unreasonable.

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

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