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(영문) 인천지방법원 2015.02.12 2014노3178
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment and two years of suspended execution) is too unhued and unfair.

2. In full view of the circumstances unfavorable to the Defendant, including the fact that the Defendant, while under the influence of alcohol, has a high possibility of criticism by committing the instant crime without any motive for committing a crime, that the Defendant did not agree with the victim, and that there was a history of punishment several times of violent crimes, etc., the Defendant’s mistake is against himself/herself, that the Defendant is making efforts to treat alcohol addiction, and all other sentencing conditions including the background of the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character, conduct, environment, etc., it cannot be deemed that the sentence against the Defendant exceeded the bounds of reasonable discretion in sentencing decision.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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