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(영문) 창원지방법원 2016.04.21 2015노1723
폭행등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The defendant asserts that, with respect to the punishment of the original judgment (two years of suspended sentence in six months of imprisonment) on the summary of the grounds for appeal, the defendant is too unfasible, and the prosecutor argues that it is too unfasible and unfair.

2. In light of the judgment, the crime of this case is the case where the defendant demanded divorce against the victim who is the husband of a female within the family, and repeatedly sent letters that cause assault and apprehensions while demanding divorce to the victim who is the husband of the female within the family, and the nature of the crime is not good. The victim appears to have received a large mental impulse due to the crime of this case, and the victim is strongly demanding punishment against the defendant. It is a reason for disadvantageous sentencing. The defendant led to the confession of the crime, there is no criminal conviction exceeding the same criminal record or fine, and there is no criminal conviction beyond the same criminal record or fine, and the fact that

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters on the sentencing indicated in the records and arguments of this case, the sentence of the lower judgment is deemed reasonable, and the Defendant and the Prosecutor’s assertion are without merit.

3. As such, the appeal by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition by the court below (Provided, That the part of “1. Protection observation and community service order Article 62-2 of the Criminal Procedure Act” in the application of the law of the court below is obvious error, and thus, ex officio deletion is made pursuant to Article 25 of the Rules on Criminal Procedure).

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