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(영문) 서울동부지방법원 2016.11.10 2016노676

폭행등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not submit the grounds for appeal within the lawful period for submission of the grounds for appeal, and the petition of appeal does not contain any grounds for appeal, and no grounds for ex officio investigation can be found even after examining the judgment below.

B. The Prosecutor’s sentence of the lower court (two years of suspended sentence for one year’s imprisonment) is too unhued and unreasonable.

2. We examine the prosecutor's argument of unfair sentencing, and examine again the circumstances favorable to the defendant's unfavorable circumstances, as stated in the reason for sentencing, at the trial, as well as the circumstances favorable to the defendant's unfavorable circumstances. However, the court below's decision on the ground of its stated reasoning seems to be appropriate, and it cannot be deemed that it is too unjustifiable.

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 prosecutor's appeal is without merit, and the defendant's appeal is dismissed in accordance with Article 361-4 (1) of the Criminal Procedure Act on the grounds as seen in Article 36

[The appeal by the defendant shall be dismissed by the decision, but as long as the appeal by the prosecutor is dismissed by the decision, it shall be dismissed by the decision en bloc, and the appeal by the prosecutor shall be dismissed by the decision, and the decision of the court below shall be corrected since the taxi driven by the victim D is deemed to be a clerical error as of the day when the taxi driven by the victim D is stopped in order to prevent the passenger vehicle of the defendant from driving as above and driving by the victim D (the age of 49).