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(영문) 부산지방법원 2017.10.27 2017노1382
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (1.5 million won in penalty) is too uneasy and unreasonable.

2. The Defendant committed the instant crime even though he/she had several criminal records of violence, and the Defendant’s crime may lead to any greater risk due to the surrounding circumstances, and there is no agreement with the victim, and there is an unfavorable circumstance against the Defendant.

However, considering the fact that the Defendant’s mistake reflects the Defendant, and that the Defendant committed the instant crime by contingency with the victim, and that the actual damage suffered by the victim is not significant, and that it appears that there is no room for dispute with the victim any longer by disposing of the store operated by the Defendant, and that there is no room for dispute with the victim. In addition, considering the various circumstances, which are the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sexual behavior, environment, etc., the sentence of the lower court cannot be deemed as being too un

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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