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(영문) 전주지방법원 2019.05.01 2019노192
특수폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for not less than eight months, two years of suspended sentence, probation, community service, 160 hours, 40 hours in alcohol treatment lectures, 40 hours in violent treatment lectures, and confiscation) of the lower court is deemed too unfasible;

2. The crime of this case is acknowledged as a case of assaulting a victim, who is a de facto spouse, while under the influence of alcohol by the Defendant, who is a dangerous object, and whose nature of the crime is not weak, and the Defendant has already been subject to criminal punishment for the same crime.

However, in light of the fact that the defendant recognized the crime of this case, the victim and the victim do not want the punishment of the defendant, the crime of this case is concurrent crimes between the violation of the Road Traffic Act (unclaimed measures after accident) for which judgment has become final and the latter part of Article 37 of the Criminal Act, and the principle of equity with the case where judgment has been rendered at the same time, and other various sentencing conditions as shown in the records and arguments in this case, such as the background of the crime of this case, the age, character and conduct of the defendant, and environment, it is not recognized that the sentence of the court below is too unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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