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(영문) 서울중앙지방법원 2017.11.02 2017노2262
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (3 million won in penalty) imposed by the court below is too unfased.

2. The crime of this case is an unfavorable circumstance to the defendant for the following reasons: (a) the defendant made verbal abuse to the victim on the ground that the victim gets out of a know-how without any particular reason, and used violence to the victim; and (b) the nature of the crime is not good; and (c) there was a history of punishment for the same crime

However, the fact that the defendant is recognized as committing the crime of this case and is against the defendant, that the defendant agreed with the victim smoothly (the agreement attached to reference materials on October 27, 2017), that the degree of violence is not much serious, and that the wife of the defendant wanted to take the preference of the defendant, and that the family ties relation is maintained, etc. are favorable to the defendant.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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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