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(영문) 수원지방법원 2017.12.15 2016노9062
특수폭행등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The reasoning of the appeal is that the lower court’s punishment (No. 1: a fine of three million won: a fine of five million won: a fine of five million won) is too uneased and unreasonable.

2. Determination

A. In light of the favorable circumstances, such as the confession and reflect of the lower judgment as to the crime, the degree of physical damage of the victim, the fact that the judgment of the lower court is not serious, and the equity in the case of being tried at the same time with the escape from possession of the object of embezzlement, etc., the crime of this case is committed at the time when the judgment of the final judgment is in progress, the fact that the victim is not good by assaulting the victim with dangerous objects, and the fact that the victim wants to be punished, etc., the lower court’s punishment cannot be deemed unfair by taking into account all the sentencing conditions, such as the Defendant’s age, sexual behavior, motive for the crime, frequency of the crime, the number of crimes, and the circumstances after the crime.

B. In light of the following circumstances: (a) the confession of the lower court’s judgment as to the Defendant’s crime; (b) the victim’s body was not exercised; (c) the degree of intimidation was not much serious; (d) the victim was threatened with dangerous objects; and (e) the nature of the crime is not good by threatening the victim; and (e) the victim was seeking punishment; and (e) other conditions of sentencing, such as the Defendant’s age, sex behavior; (e) motive, frequency of the crime; (e) the method of the crime; and (e) the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair because the sentence is too uneasible.

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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