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(영문) 부산지방법원 2018.02.09 2017노3678
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s punishment (limited to six months of imprisonment, one year of suspended sentence, one year of probation, observation of protection, alcohol therapy, violent therapy, 40 hours of psychological therapy, 80 hours of community service, etc.) is too uneasy and unreasonable.

2. In light of the fact that the Defendant, even though having the records of the same kind of crime several times, repeatedly committed a crime against the petty merchants, the Defendant’s failure to keep the Defendant under confinement for a certain period during the lower court’s trial, has the time to reflect, there is no previous conviction exceeding fines, and need for medical treatment such as long-term hospitalization due to alcohol addiction, etc., the lower court’s suspended sentence of imprisonment by ordering the Defendant to attend various medical lectures and provide community services, along with the protection and observation, cannot be deemed unreasonable.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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