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(영문) 부산지방법원 2015.04.02 2015노416
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. In view of the fact that the accused has been punished several times due to violent crimes, and that the written agreement was falsely prepared and submitted to the court without reaching an agreement with the victim, the sentence of the lower court (two years of suspended execution for six months of imprisonment, two years of community service order, two hundred hours of imprisonment) is too uneasy and unreasonable.

2. The fact that the judgment defendant has been punished several times due to violent crimes, and that the defendant prepares and submits a false written agreement to the court of original instance that did not reach an agreement with the victim is a reason for sentencing disadvantageous to the defendant.

However, in full view of the following: (a) the content of the instant crime committed by the Defendant assaulted twice the victim’s face value; (b) the Defendant recognized the instant crime and agreed with the victim at the time of the trial; (c) the Defendant’s age, health condition; (d) the motive and background of the instant crime; (e) the motive and background of the crime; (e) the means and consequence of the crime; and (e) the outcome of the application of the sentencing guidelines of the Sentencing Commission, which are set forth in the records and arguments of the instant case, such as

Therefore, prosecutor's assertion is without merit.

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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