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(영문) 서울동부지방법원 2018.12.14 2018노144

폭행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to five million won) is too uneasy and unreasonable.

2. In full view of the arguments in this case and the reasons for sentencing indicated in the records, the lower court’s sentencing against the Defendant appears to have been appropriately determined taking into account all the circumstances, including various reasons for sentencing asserted by the prosecutor, and no special circumstance exists to the extent that the lower court’s sentence is to be changed ( rather, the Defendant agreed with the victim H). 3. If so, the prosecutor’s appeal is groundless, and the Defendant is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and is so decided as per Disposition (Provided, That in accordance with Article 25(1) of the Regulation on Criminal Procedure, ex officio, pursuant to Article 25(1) of the Criminal Procedure Act, the lower court’s sentencing against the Defendant is to change “F” of the second page “H” to “H”).