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(영문) 인천지방법원 2018.12.06 2018노1027
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unfasible and unfair.

2. In full view of the following facts: (a) the Defendant has a history of criminal punishment against violence against the Defendant; (b) the Defendant was unable to agree with the victim; (c) the Defendant recognized the crime from the police investigation stage to reflect the mistake; and (d) the degree or consequence of the assault appears to be very serious; and (c) there is no new circumstance to consider the sentencing after the sentence of the lower judgment; and (d) other factors given during the pleadings, such as the motive or circumstance of the crime, the Defendant’s age, sexual behavior, environment, and circumstances after the crime, the sentence imposed by the lower court is too unjustifiable 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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