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(영문) 서울동부지방법원 2020.02.06 2019노1437

상해

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The grounds for appeal (unfair punishment) asserts that the Defendant is too unafford by the lower court’s punishment (five months of imprisonment) and that the prosecutor’s punishment is too unafford and unreasonable.

2. In full view of the arguments of this case and the reasons for sentencing indicated in the records, namely, the form and background of the crime of this case, a number of criminal records including the defendant, the defendant committed the crime of this case during the period of repeated crimes, the degree of damage is heavy, the defendant was unable to be used by the victim, and the defendant was sentenced to a separate sentence for which no trial was held concurrently with this case, etc., the sentencing of the court below seems to be proper by fully considering all the circumstances, including the above normal relation, including the various reasons for sentencing asserted by the defendant and the prosecutor, and there are no special circumstances to the extent to change the sentencing ex post, so the argument of unfair sentencing by the defendant and the prosecutor is without

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.