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(영문) 울산지방법원 2019.05.03 2018노1353
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The Prosecutor’s summary of the grounds for appeal (the suspended sentence of KRW 500,000,000) declared by the lower court is too unfilled and unreasonable.

2. In light of the judgment, the fact that the victim of the instant crime wishes to punish the Defendant is disadvantageous to the Defendant.

However, in light of the fact that the defendant was the first offender with no criminal power, and that the defendant did not repeat the crime when he was found to have committed the crime in the first instance trial, and that the attitude of the act is not likely to be dangerous, and that the crime was committed by the method of smuggling with the victim, and that the degree of damage suffered by the victim seems not to be significant, etc., the court below's punishment seems to be reasonable and reasonable, in full view of the circumstances favorable to the defendant, and all other sentencing conditions of the case, including the defendant's age, character, conduct and family relation, etc., and it cannot be deemed that it is unfair because it is too unreasonable.

Therefore, prosecutor's assertion is without merit.

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

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