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(영문) 서울동부지방법원 2020.11.26 2020노887

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, in light of the following: (a) the defendant, who received the statement from the victim that he would take the face of the victim by drinking in the lodging room owned by the company; and (b) the victim's face was bad; (c) there was a record of having been punished several times for the same crime; and (d) there was no agreement with the victim.

On the other hand, the fact that the defendant recognized the crime of this case and reflected it is favorable to the defendant.

In addition, in full view of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by taking into account the above normal relationship and the grounds for sentencing alleged by the prosecutor, and there are no special circumstances to the extent that the sentencing is changed ex post facto, so the Prosecutor’s assertion of unfair sentencing is without merit

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.