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(영문) 창원지방법원 2014.09.25 2014노837
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the grounds for appeal asserts that the punishment imposed by the court below (three million won of fine) is too unhued and unreasonable.

2. The judgment of this case is based on the following facts: (a) the Defendant was sentenced to imprisonment with prison labor for 4 months on October 24, 2012 with prison labor for injury on the part of the Changwon District Court's Jinju branch, for the following reasons: (b) the Defendant committed each of the crimes of this case on his hand on the ground that he was satisfing the eggs of the victim E’s face; (c) assaulted the victim E face by drinking, without permission; and (d) the Defendant was punished by a fine on around March 24, 2013; and (e) the Defendant was already subject to 19 times or criminal punishment; and (e) on October 24, 2012, the Defendant was sentenced to a suspended sentence for 2 months on November 1, 2012; and (e) the Defendant committed each of the crimes of insult around March 24, 2013 during the said suspended sentence and was punished by a fine on each of the crimes of assault around September 3, 2013, etc.

However, in full view of all the circumstances, including the defendant's age, character and behavior, occupation and environment, family relationship, circumstance and result of each of the crimes in this case, etc. and the conditions for sentencing as shown in the records and arguments, it cannot be deemed unfair since the sentence imposed by the court below is too unreasonable, in light of the following: the victim of the crime of intrusion upon residence in this case and damage to property does not want the punishment of the defendant, and the attitude of assault in the crime in this case cannot be said to be significant; the defendant suffers from a detailed mental disorder and behavior disorder caused by alcohol use; the detailed mental fission in detail; and the defendant himself/herself must receive medical treatment; and he/she does not repeat the crime.

3. The prosecutor’s appeal of conclusion is dismissed for lack of justifiable grounds.

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