beta
(영문) 서울동부지방법원 2016.11.03 2016노642

폭행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (two years of suspended sentence in August) of the lower court is deemed to be too unhued and unfair.

2. In full view of all the circumstances, including the following: (a) the Defendant’s age, character and behavior, environment, and consequence of each of the instant crimes; (b) most of the criminal records accompanying the Defendant’s act of violence were minor crimes; (c) the Defendant received hospitalized treatment for a considerable period of time under the name of ward, such as bipolartic disorder, and current light view, immediately after each of the instant crimes; and (d) the mental disorder appears to have affected each of the instant crimes; (c) the damage of each of the instant crimes appears to be relatively minor and the Defendant’s G was returned; (d) the Defendant’s mistake is against the Defendant; and (e) the Defendant’s age, character and behavior, and environment; and (e) the circumstances after each of the instant crimes, etc., and all of the circumstances constituting the conditions for sentencing as specified in the records and arguments, the lower court’s punishment

3. Therefore, 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.