beta
(영문) 서울북부지방법원 2019.02.15 2018노2173

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unfilled and unreasonable.

2. The lower court, based on the circumstances favorable to the Defendant, sentenced a fine of KRW 5 million to the Defendant, considering the following: (a) the Defendant had a large number of records of punishment for the same kind of crime, and committed again during the period of repeated offense, and the victim wanted to be punished; (b) the Defendant recognized and closely reflects the Defendant’s crime; (c) the degree of assault is not excessive; and (d) the difficulty in living conditions appears to have affected the Defendant’s self-support after release; and (c) the Defendant has been making considerable efforts for self

In light of the sentencing conditions acknowledged by the court below, the sentencing of the court below is deemed to be within the scope of reasonable discretion, and there is no change in the sentencing conditions compared to the court below in the final trial. Thus, the sentencing of the court below cannot be deemed to be unfair because it is too uneasible.

The prosecutor's assertion is not accepted.

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