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(영문) 서울서부지방법원 2016.01.22 2015노1760

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (exemption from punishment) is too unfluent and unfair.

2. The judgment of the court below acknowledged the defendant's mistake in the trial, and the crime of this case is a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) which became final and conclusive on May 1, 2015 in the judgment of the court below, and the crime of this case should take into account the equality in the case where the judgment is concurrently held in the concurrent crime relationship after Article 37 of the Criminal Act with the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) as stated in the judgment of the court below, and other various sentencing conditions specified in the records and arguments, such as the defendant's age, sex, environment, circumstances of the crime, and circumstances after

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.