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(영문) 인천지방법원 2017.11.03 2017노2676
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 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. The Defendant assaulted two victims of violence-related crimes on the ground that the Defendant had been punished several occasions, despite the fact that he/she had been punished, and on the other hand, he/she was dead.

Although the victims were deemed to have suffered considerable mental distress due to the crime of this case, the defendant did not agree with the victims or take measures to recover from damage, and did not receive any correspondence from the victims.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant recognized the crime of this case and reflects his mistake, and the degree of assault exercised by the defendant against the victims is not severe.

At the time of the instant case, it appears that the instant crime was committed with the interesting remainder, and there was no criminal conviction exceeding the fine against the Defendant.

Such circumstances are favorable to the defendant.

In full view of the following circumstances: (a) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime; and (b) the sentencing conditions indicated in the instant records and arguments, the sentence imposed by the lower court cannot be deemed unfair because it is too uneasible to the Defendant.

Therefore, prosecutor's assertion is not 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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