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(영문) 대구지방법원 2018.09.13 2018노2479
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (one million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The lower court rendered the said sentence by taking into account the favorable circumstances, such as the Defendant’s confessioning of the instant crime and the degree of the instant assault was not hot.

Even in light of the circumstances that the Defendant committed a crime against her age victims and the nature of the crime is not less severe, considering the favorable circumstances, such as the Defendant’s age and age, sexual conduct, environment, background leading up to the commission of the crime, means and consequence, scale of the crime, and circumstances after the commission of the crime, etc., the lower court’s judgment of sentencing is not deemed unfair or unfair to exceed the reasonable bounds of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the prosecutor’s allegation above is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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