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(영문) 춘천지방법원 강릉지원 2013.07.23 2013노195
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The Defendant, as an educator who had established and operated the D Center, a kind of alternative school, was in a position to educate students properly and set a good example to them, but assaulted a victim student who was under his age.

In light of the above circumstances, the victim victim can be deemed to have suffered a considerable mental shock, such as receiving psychological counseling treatment. In light of the above circumstances, the lower court’s punishment may be deemed to be somewhat unhued.

However, considering the circumstances such as the Defendant committed the instant crime in a contingent manner in the course of punishing a victim student, simply showing the intent to put the victim victim, and the act of assault is also minor, it cannot be said that the lower court’s sentence is unreasonable to the extent that it is reversed, in full view of all the sentencing conditions indicated in the arguments and records of the instant case.

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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