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(영문) 청주지방법원 2013.10.17 2013노472
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to eight months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) declared by the court below is too uneasy and unreasonable.

2. The judgment of this case is that the defendant assaulted the victims with severe intellectual disability or delay disorder, and the nature of the crime is very good, and there is a need to strictly punish the defendant.

However, in full view of the following circumstances: (a) the Defendant recognized his mistake for the first time in the trial; (b) found the victims and sought a letter of suspicion; (c) the Defendant had no record of punishment for the criminal act prior to the instant case; and (d) the Defendant’s age, character, character, environment, motive, means and consequence of the crime; and (c) other various circumstances that form the conditions for the argument and the sentencing specified in the record, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, the Prosecutor’s assertion is without merit.

3. 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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