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(영문) 서울남부지방법원 2018.11.16 2017노916

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (one million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The circumstances of the lower court’s judgment on the grounds of sentencing (the fact that the Defendant is under the period of probation due to the same kind of crime, was unable to receive a letter from the injured party, and the Defendant’s mistake is divided, and the degree of the assault of this case is serious.

In full view of the fact that it is difficult to see that the victim is also responsible for a certain part of the victim, and all of the sentencing conditions in the records and arguments of this case, the sentence imposed by the court below is deemed appropriate and unfair because the sentence imposed by the defendant is too low. As such, the 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.