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(영문) 서울중앙지방법원 2018.10.11 2017노3650
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the defendant (one million won of punishment).

2. The following facts are very high records of criminal punishment of the Defendant for an act of violence in the past, and continuous criminal acts are committed while living without a certain amount of occupation or occupation, which are highly likely to repeat without a living environment improvement, and there is no evidence to recognize that the Defendant was unable to receive a letter from the injured, and that there was no effort to recover from damage.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant recognized his mistake and divided, the fact that the person with a disability of class 3 is a visual disability, and the degree of damage is not much serious, and all the sentencing conditions of the defendant, such as the defendant's age, sexual behavior, environment, and circumstances after the crime, etc., the punishment imposed by the court below is too uneasible and unfair.

The prosecutor's above assertion is without merit.

3. Accordingly, 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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