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(영문) 대전지방법원 2016.06.02 2015노4083
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (unfair sentencing) is that the lower court’s punishment (one million won in penalty) against the Defendant is too uneased and unreasonable.

2. The facts that the crime of this case is not good, that the defendant did not agree with the victim are disadvantageous to the defendant, or that the defendant reflects the crime of this case and is likely to expect the improvement of character and behavior as a large age. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the court below's punishment against the defendant cannot be deemed unfair because it is uneasible. Thus, the prosecutor's improper assertion of sentencing 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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