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(영문) 부산지방법원 2017.01.20 2016노4758
폭행
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

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

2. The crime of this case is acknowledged in light of the following circumstances: (a) the Defendant committed an assault by drinking the victim E face while the Defendant and the victim E are in sight of each other; and (b) the Defendant did not have to agree with the victim until the time of the trial; and (c) the Defendant did not agree with the victim.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime, thereby contravening the mistake; (b) the Defendant’s latter and the Defendant’s latter and the victim E’s act were mostly agreed at the investigation stage; (c) the Defendant did not have any history of criminal punishment except for two times of punishment; (d) there was no special circumstance or change in circumstances that may be newly considered in the trial after the lower court rendered a sentence; and (e) other circumstances that form the condition for sentencing as indicated in the record, such as the Defendant’s age, environment, family relationship, the background leading to the instant crime; and (e) the circumstances before and after the instant crime, the lower court’s punishment is too heavy or unab

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

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