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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (6 months of imprisonment and 2 years of suspended sentence) is too unfluened and unreasonable.
2. The crime of this case committed by multiple judgments upon other persons’ residence and inflicting bodily injury is serious, and not agreed with the victims up to now, and the defendant has been punished several times for violent crimes, etc. are the factors of sentencing unfavorable to the defendant.
However, the defendant did not directly participate in violence against the victims, and K with access to the above house obtained money from the victim E in a enormous amount of KRW 900 million.
The assertion appears to have been the background of the crime of this case (the victim E is currently under detention on April 15, 2016 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud). In full view of the following: (a) the defendant deposited KRW 5 million for the victim E; (b) the details of the crime of this case; (c) the victim's injury; (d) the degree of the victim's injury; and (e) the defendant's age, sexual behavior, environment, etc., the punishment sentenced by the court below against the defendant can be deemed to be within an appropriate scope; and (e) the defendant is too weak to the extent that it can not escape from destruction.
shall not be required to do so.
3. As the prosecutor’s appeal is without merit, it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Article 2(2)1 of the Punishment of Violences, etc. Act) (Article 2(2) and Article 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 2(2)3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 2(2)3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016).