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(영문) 청주지방법원 2015.07.23 2015노393
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

The defendant shall not be deemed to have agreed with, or have committed a crime against, the victims.

In relation to the crime No. 2 of the decision of the court below, the victim's injury is not less severe.

In 2011, the Defendant was sentenced to imprisonment with prison labor for six months as a crime of obstruction of performance of official duties, and was sentenced to imprisonment with prison labor for two years from 2011 to 2013, and again committed the instant crime even if he had been sentenced to more fines than twice for violent crimes.

However, there are the following favorable circumstances for the defendant.

The defendant supports a single-parent with poor body.

In relation to the first crime of the judgment of the court below, the degree of assault by the defendant is somewhat weak.

The defendant seems to have committed each of the crimes of this case with victims and trial expenses.

In addition, considering the Defendant’s age, character and conduct, motive and background of the offense, means and consequence, circumstances after the offense, crime records, and all of the sentencing conditions indicated in the instant arguments and records, it cannot be deemed unfair because the lower court’s punishment is too uneasible.

The prosecutor's assertion is without merit.

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

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