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(영문) 대구지방법원 2017.12.15 2017노1912
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. In light of the motive and method of the crime of this case, the crime of this case is not good in light of the nature of the crime, but there is no record of punishment exceeding the fine of the defendant, the defendant's age, sexual conduct, environment, circumstances leading to the crime, means and result, and all of the sentencing conditions shown in the records and arguments of this case, including the defendant's age, sexual conduct, environment, circumstances leading to the crime, etc., the sentence imposed by the court below is appropriate, and the sentencing judgment by the court below exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's above assertion is without merit, since the court below's punishment is too unfasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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