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(영문) 의정부지방법원 2013.03.29 2012노2320
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (700,000 won of a fine) is too unhued and unreasonable.

2. The crime of this case resulted in an excessive result of the victim's death. However, during the course of this case where the defendant had been in dispute with C, the degree of assault is insignificant, the victim's death appears to be the main cause of assault, and the victim's death appears to be the victim's death was not known before this case. The defendant could not have predicted that the victim's death would be cut down at the time of assault. The defendant was recognized as all of the crimes of this case, and the defendant deposited KRW 1 million against the victim, and the defendant did not have any previous fault, and the defendant's age, character, occupation and environment, motive and circumstance leading to the crime of this case, etc., as well as all of the records, motive and circumstances after the crime of this case, etc. are considered, and thus, the court below's allegation that the court below's punishment is unfair is without merit.

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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