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(영문) 서울중앙지방법원 2019.07.19 2018노4077

특수폭행

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is deemed to be too unhued and unfair.

Judgment

The crime of this case is that the defendant carried dangerous objects and assaulted the victim, and the nature of the crime is not weak in light of the risk of the method of crime.

The damage was not recovered.

However, the degree of damage is not severe.

There is no criminal records of the defendant exceeding the same criminal records or fines.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, career, motive and means of a crime, and circumstances after a crime, etc., the lower court’s punishment is deemed unreasonable as it is too uneasible.

The prosecutor's assertion is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.