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(영문) 서울중앙지방법원 2014.06.12 2013노3985
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., in a case where the defendant has no intention to agree with the victim, and there is no change in the court of original trial, such as stating that the defendant may assault the believers of a D religious organization engaging in missionary activities in the future. Therefore, the sentencing of the court below (e.g., a fine of five million won) is too unreasonable.

2. Although the defendant's act of assaulting the victim for a religious reason is not good to constitute a crime, the defendant stated in the trial that "no fact exists that he may exercise violence again against the believers of a D religious organization," the defendant is against the crime of this case, and the damage is relatively minor, the defendant is currently seeking rehabilitation after receiving medical treatment for the D religious organization pursuant to alcohol dependence, and other circumstances, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, are considered as conditions for the argument and sentencing as shown in the records of this case, even if considering the circumstances alleged by the prosecutor as grounds for appeal, it is not recognized that the sentence imposed by the court below is too uneasible and unreasonable. Thus, the prosecutor's assertion has no merit.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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