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(영문) 수원지방법원 2014.09.25 2013노6330
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s punishment (two million won of fine) against the Defendant in light of the gist of the grounds for appeal is deemed unreasonable.

2. The Defendant’s act of assaulting a victim living together and distributing a large quantity of printed materials containing contents that may substantially harm the reputation of the victim before the company where the victim works is employed, is not good for the crime of this case in light of the background, method, and consequence of the crime committed, and the fact that the crime of this case was not agreed with the victim and no effort was made for the recovery of damage is disadvantageous to the Defendant.

However, in full view of the following factors: (a) the Defendant did not have any criminal record identical to the instant crime; and (b) the Defendant led to confession while committing the instant crime; and (c) the Defendant’s age, character and conduct, occupation and family environment, background and result of the instant crime; and (d) the lower court’s punishment cannot be deemed unreasonable as it seems that the Defendant’s punishment is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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