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(영문) 부산지방법원 2017.04.28 2016노4174
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is that of the lower court’s imprisonment with prison labor for not less than four months, two years of suspended execution, and 80 hours of community service).

2. It is unfavorable that the Defendant, having multiple judgments, assaults an employee working in an emergency room where an emergency patient’s treatment is performed.

However, in light of the fact that the defendant's mistake, the degree of damage does not seem to be serious, the defendant's age, sexual conduct, motive, means and consequence of the crime, various conditions of sentencing, such as circumstances after the crime, and the fact that the defendant seems to have an opportunity to reflect by social service hours, etc., the sentence of the court below cannot be deemed to be unfair because the punishment of the court below is too uneasible.

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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