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(영문) 의정부지방법원 2017.09.29 2017노1613
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, and the community service order of 320 hours) is too unfasible and unfair.

2. The Defendant, either solely or jointly with I, and H, assaulted the victim E continuously from May 201 to September 11, 2016, and frightened the victim’s 2.40,000 won by putting the victim’s arms at the base of the month, and assaulted the victim with a large amount of 2.40,00 won by taking the metal part into the victim’s arms at the base of the month. The Defendant used the victim’s arms to commit an act of assaulting the victim with a large amount of days of treatment or with a dangerous object. Such crimes are very heavy in light of the period and frequency of the crime, method of the crime, relationship with the victim, and the victim’s age.

Although not only the victim but also his family members seem to have suffered a considerable mental impulse and pain, the defendant was unable to receive a letter from the injured person up to the depth of the party.

On the other hand, all of the crimes of this case are recognized by the defendant and they are against the defendant.

It is necessary to consider the possibility and the future of improvement of the defendant's age, who committed a crime that had not been punished for criminal punishment and committed before the age of 19.

The defendant deposited KRW 2.5 million for the victim in the court below, and additionally deposited KRW 1.7 million in the court below.

In full view of all the above circumstances and other conditions of sentencing, including the Defendant’s age, sex, environment, and circumstances after the commission of the crime, etc., the sentence of the lower court cannot be deemed unfair because it is too uneasible.

The prosecutor's improper argument in sentencing is without merit.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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