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(영문) 부산고등법원 (창원) 2020.04.29 2019노352
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence (one year and six months of imprisonment, three years of suspended execution, etc.) imposed on the defendant by the court below is too unhutiled and unfair.

Judgment

The crime of this case is a situation unfavorable to the defendant, such as the following: (a) intimidation victims using the knife and kitchen knife, which are dangerous things of the defendant; (b) assault and assault the victim D for the purpose of retaliation against the report of domestic violence; and (c) intimidation the victim D in light of the contents and methods of the crime; and (d) a retaliation crime is a serious crime that may collapse the fundamental nature of the criminal justice procedure rather than infringing on the legal interests of the victim; and (b) there is a need to strictly punish the victim as a serious crime that is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized all of the crimes of this case and is in profoundly against the victim, and that the victims do not want the punishment of the defendant is favorable to the defendant.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, the means and method of committing the instant crime, the conditions of all the sentencing indicated in the pleadings of the instant case, and the scope of sentencing and the standards of suspension of execution according to the sentencing guidelines established by the Supreme Court’s Sentencing Committee, etc., the sentence imposed by the lower court against the Defendant cannot be deemed unfair because it is too uneasible.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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