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(영문) 서울동부지방법원 2015.07.10 2015노372

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. In light of the following facts: (a) the Defendant was punished by imprisonment, suspension of execution, and fines on nine occasions for violent crimes; and (b) the Defendant committed the instant crime on October 7, 2012 and completed the execution of the sentence on June 12, 2012, even though he/she was sentenced to five months of imprisonment for the crime of injury at the Jung-gu District Court, the Defendant committed the instant crime during the repeated crime period; (c) the Defendant committed the instant crime by contingency; (d) the Defendant committed the instant crime by contingency; (e) the Defendant did not fit the victims; and (e) the Defendant was detained for 28 days due to the instant crime; and (e) the Defendant was detained for 28 days, and thus his/her mistake was divided, it cannot be said that the Defendant’s sentence of the lower court that selected the Defendant as a fine and sentenced the highest statutory

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.