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(영문) 대구지방법원 2017.02.17 2016노4746
상습폭행
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. The crime of this case is acknowledged that the defendant committed assault in the detention house where he was under the custody of the defendant when he was under the custody house when he was under the custody house where he was under the custody of the defendant, and that the crime of this case was not committed, and that the defendant was not under the custody of the defendant due to the same kind of violent crime, etc., and there was a record of fine, suspension of execution, and punishment, and that the defendant committed the crime of this case during

However, considering the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, the circumstances after the instant crime, etc., the sentence of the lower court is too uneasible and unfair, in view of the following factors: (a) the Defendant led to the confession of the crime; (b) the degree of assault is not serious; and (c) the Defendant’s age, sexual conduct, environment; and (d) the motive, means and consequence of the instant crime;

Therefore, prosecutor's assertion 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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