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(영문) 서울중앙지방법원 2020.07.24 2019노3472

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) imposed by the lower court is too uneased and unreasonable.

2. The judgment defendant committed a crime again even though he was under the period of suspension of imprisonment for the same kind of crime.

However, the attitude of the defendant to recognize and reflect the crime is shown.

The degree of violence or damage is not severe.

In addition to the previous convictions of the suspension of execution, only one of the previous fines is subject to a fine.

It is not good for the defendant to be suffering from depression and depression.

The judgment below

There is no change in circumstances that will be considered in sentencing thereafter.

In addition, considering the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and all the conditions of sentencing as shown in the pleading, it cannot be deemed that the court below's punishment was too unfasible and exceeded the reasonable scope of discretion.

The prosecutor's assertion is without merit.

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