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(영문) 대전지방법원 2016.11.16 2016노1520
특수폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The judgment of the defendant is also very disadvantageous to the defendant who assaults the victim by using his fingers, and the method of committing the crime is not proper, and the crime is considered to have caused serious bodily harm to the victim.

In addition, according to the circumstances such as the repeated crime within the short period and the mental and physical impulse suffered by the victim seems to be considerable, it is reasonable to place the defendant with severe punishment.

However, it is also recognized that there is a favorable circumstance such as: (a) the Defendant appears to have caused the instant assault and assault, which would have caused the occurrence of contingency; (b) the Defendant did not directly enter the victim’s residence in the event of an intrusion; (c) the victim did not want the Defendant’s punishment; (d) the victim was divorced by agreement with the victim; and (e) the victim did not have any history of punishment for the crime of violence; and (e) all of the instant crimes were

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the lower court and the punishment different from the circumstances after the crime, the lower court’s punishment is too unjustifiable and unreasonable.

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

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