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(영문) 대전지방법원 2018.01.31 2017노2397
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 (two million won in penalty) is too unhued and unreasonable.

2. The crime of this case was committed by the Defendant on the ground that the victim of the relevant intimidation was not the victim of the relevant intimidation, and thus, the nature of the crime is not good, and the victim appears to have failed to take proper measures to recover from damage.

However, the fact that the defendant recognized the crime of this case and reflected, the degree of assault is relatively weak, and the fact that there is no criminal record other than the criminal record of a fine due to the crime of this type is more favorable.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

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

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