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(영문) 인천지방법원 2018.02.09 2017노2927
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (6 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. Although the Defendant had had a history of criminal punishment for multiple times due to a crime related to violence, the Defendant had already committed several times during the suspension period of execution due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.).

In singing in singing, the victim was injured by singing the Defendant's violent exercise.

Since there is no possibility of criticism against the defendant, the defendant needs to be punished corresponding to his criminal responsibility.

However, the defendant recognized the crime of this case, and reflects his mistake in depth.

As the defendant agreed smoothly with the victim, the injured person does not want the punishment of the defendant.

The Defendant appears to have caused the instant crime under the influence of alcohol, and the strength of assault and the degree of injury suffered by the victim are relatively weak.

In full view of the above circumstances, comprehensively considering the Defendant’s age, sex, career, environment, family relationship, motive and background of the instant crime, means and methods, results, etc., and all the sentencing conditions as shown in the arguments and arguments, it seems more reasonable to give the Defendant the opportunity to resume the Defendant’s imprisonment as a member of society only once, rather than immediately isolation from society. Thus, it cannot be said that the lower court’s sentence is too uneasible and unfair.

Therefore, the prosecutor's above assertion cannot be accepted.

3. The appeal by the prosecutor of the conclusion 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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