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(영문) 광주지방법원 2017.12.21 2017노605
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The fact that the judgment defendant has been punished several times for violence-related crimes is disadvantageous to the defendant.

However, considering the fact that the defendant's mistake is recognized and speaks against the defendant, the equity in the case where the judgment was rendered simultaneously with the obstruction of the duties of the first head of the crime committed by the court below, which is in the relation of concurrent crimes after Article 37 of the Criminal Act, and the defendant's age, sexual conduct, environment, motive and consequence of the crime, and circumstances mentioned in the arguments of this case, such as the circumstances after the crime, are too uneasible and unfair, the prosecutor's assertion is rejected.

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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