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(영문) 부산지방법원 2017.01.13 2016노2122
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The crime of this case, which was committed on July 24, 201, was committed by the Defendant by gathering a brick, which is an object dangerous to the victim C, and assaulting the victim C and obstructing the business of the victim E-cafeteria by force. In light of the method and content of the crime, the crime was considerably poor in light of the crime, and there was a history of criminal punishment of the Defendant one time to suspend the execution of the crime and eight times of fines. In particular, considering the fact that the Defendant committed the crime of this case during the period of the suspension of the execution of imprisonment with prison labor for not less than ten months at the Busan District Court on July 24, 2014 and was sentenced to two years of the suspension of the execution of the sentence on August 1, 2014, while the above judgment became final and conclusive, it is necessary to

I see that it is.

However, in full view of the Defendant’s age, career, sexual conduct, environment, motive and background of the crime, method and method of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is too uneasy and unreasonable, in light of the following: (a) the Defendant’s confession of all the crimes of this case and reflects the depth of his mistake; (b) the victims desire to take the Defendant’s wife against the Defendant; and (c) and other various sentencing conditions indicated in the argument of this case, such as the victim’s age, career, sexual behavior, environment

Therefore, the prosecutor's above assertion is not accepted.

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

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