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(영문) 광주지방법원 2020.08.26 2019노1417
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (exemption from punishment) is too unfased and unreasonable.

2. The judgment of the Defendant assaulted the victim on the ground that the victim filed a civil petition against the Defendant’s stable, and the nature of the crime is not good in light of the circumstances and contents of the crime.

The defendant did not agree with the victim, and the victim wanted to be punished strictly by the defendant.

Defendant has been punished several times for violent crimes.

However, it seems that the defendant's use of the victim is relatively minor.

Meanwhile, the crime of this case constitutes the crime of obstruction of performance of official duties, etc. established on March 14, 2018 and the crime of this case constitutes concurrent crimes under the latter part of Article 37 of the Criminal Act, and is simultaneously adjudicated at the same time. The above final judgment was sentenced to one year of imprisonment with prison labor for each crime committed by the defendant who committed assault against the police officer to interfere with his/her performance of duties and to intimidation other victims. In light of the content of the crime of this case and the nature of the crime, even if the judgment was rendered at the same time, the punishment would not have been aggravated.

In addition, considering the various circumstances, such as the defendant's age, character and conduct, environment, motive, method, and consequence of the crime, which are shown in records and pleadings, the court below's punishment is too uneasy and it is difficult to deem it illegal.

Therefore, prosecutor's assertion is not accepted.

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

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