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(영문) 서울남부지방법원 2017.11.24 2016노2510

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment with prison labor for a period of four months and one year of suspended execution) is deemed to be too uneasy and unfair.

2. In light of the circumstances alleged by the prosecutor on the grounds of appeal, including a number of criminal records of the same kind of judgment, the lower court’s sentencing grounds (e.g., the degree of assault is not excessive, and the degree of delay is not changed) and all of the sentencing conditions in the records and arguments of this case, including the fact that there is no change in circumstances after the lower court. As such, the sentence imposed on the Defendant is deemed appropriate, and the prosecutor’s assertion is unreasonable as it is too low. Therefore,

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.