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(영문) 수원지방법원 2017.08.24 2016노8900
특수폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. Each of the crimes of this case, each of the crimes of this case, which was judged, committed by the Defendant on the ground that the Defendant spawn with the victim, who is the seat of alcohol, did assault the victim at the time of vision, and at the same time destroyed the standing signboard. In light of the method and content of the crime, the crime was not high, and the Defendant had been punished several times for the same crime, and committed again during the period of repeated crime due to the same crime, is disadvantageous to the Defendant.

However, in light of the fact that the defendant recognized each of the crimes in this case and reflected, the degree of violence and the market value of standing signboards, etc., the degree of damage caused by the defendant's act is large.

Considering the fact that it is difficult to see that the victim of special violence and the victim of damage to property, who is the victim of a standing signboard, does not want the punishment of the defendant, and the conditions for sentencing specified in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, family relationship, motive, and circumstances after the crime, the court below's punishment cannot be deemed unfair because it is too uneasible. Thus, the 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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