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(영문) 부산지방법원 2018.04.06 2017노2994
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two-month suspended sentence of imprisonment for a term of eight months, two-month lecture attendance order, and one hundred and twenty-hour community service order) is too unfluent and unfair.

2. It is recognized that, in light of the form of each of the crimes in this case and the method thereof, the liability for the crime is not less and less severe, the defendant has been sentenced to a fine and a suspended sentence of punishment for the same kind of assault, insult, and destruction of property.

However, considering all of the sentencing conditions indicated in the pleadings of this case, such as the Defendant’s age, sex, environment, motive, means and consequence of each of the instant crimes, etc., the lower court’s punishment is too uneasy and unreasonable, if it is considered that the Defendant’s punishment is too uneasy, and the degree of the type of force that the Defendant used, the degree of force that the Defendant used, was not significant, and there is no change in circumstances that may otherwise determine the age of the Defendant and the punishment.

Therefore, prosecutor's assertion is without merit.

3. As such, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the assent of all participating Justices (see, e.g., Supreme Court Decision 200Da36442, Apr. 1, 200).

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