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(영문) 서울동부지방법원 2018.08.31 2018노916

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (a sentence of six months, one year of suspended sentence, one year of surveillance, observation of protection, 40 hours of volunteer service, 40 hours of domestic violence, 40 hours of domestic violence) is too uneased and unreasonable.

2. In full view of the arguments in the instant case and the reasons for sentencing indicated in the record, the lower court’s sentencing against the Defendant appears to have been appropriately determined by fully considering all the circumstances, including the various reasons for sentencing asserted by the Prosecutor, and no special circumstance exists to the extent that the lower court’s sentencing is to be changed.

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 it is so decided as per Disposition (Provided, That in accordance with Article 25 (1) of the Rules on Criminal Procedure, ex officio, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the part of the court below's appeal from No. 4 to No. 13 is deleted to "the defendant who was at the early stage of the school," and "it is corrected as