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(영문) 대구지방법원 2019.10.18 2019노2131
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and unreasonable.

2. In light of the specific form of the crime of this case and the implements of the crime, etc., there is no good quality of the crime; there is a record of the crime that the defendant has been punished several times for the crime of violence; and the execution of the punishment of this case has been sentenced to 16 years due to murder, etc.; thus, there is a greater possibility of criticism; and the victim wanting punishment against the defendant is disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant reflects his mistake; (b) some of the circumstances that may be taken into account in the course of the instant crime; and (c) the extent of damage inflicted on the victim; and (d) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, character, conduct, environment, and circumstances after the instant crime, the sentence imposed by the lower court cannot be deemed unreasonable as it is so far as it goes beyond the reasonable scope

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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