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(영문) 서울서부지방법원 2019.09.19 2019노226

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. Although a repeated crime is committed during the period of judgment, considering the fact that there is no change in the conditions of sentencing compared to the original judgment, and the degree of assault is not severe, it is difficult to deem that the lower court’s sentence was too unhued and exceeded the reasonable scope of discretion.

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