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(영문) 제주지방법원 2020.10.29 2020노54

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

In light of all the sentencing conditions indicated in the records and arguments of this case, including the following facts: (a) the lower court’s punishment (one month of imprisonment, two years of suspended execution) was too unfluent and unreasonable; (b) the Defendant appealeded the instant crime for the first time in the trial; (c) the Defendant recognized his mistake by committing the instant case; and (d) the degree of the type of force he exercised by the Defendant is very heavy; and (c) the instant crime is in a concurrent relationship between a special injury crime, etc. for which the judgment became final and conclusive and the latter part of Article 37 of the Criminal Act, and thus, should consider equity with the case to be adjudicated simultaneously; and (d) the lower court

Since the prosecutor's appeal is without merit, it shall be dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, “1. Pursuant to the judgment of the court below ex officio, it shall add “1..........................” to the last sentence of the evidence of the court below pursuant to Article 25(1) of the Rules on Criminal Procedure: Criminal Records, etc. (B) and investigation reports (the confirmation of criminal records of the same kind B)..... The deletion of the “Ss..............”