beta
(영문) 의정부지방법원 2017.11.08 2017노1978

상해

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. Comprehensively taking account of the circumstances revealed by the lower court in the grounds for sentencing and all the sentencing conditions shown in the records and arguments of this case, the lower court’s sentencing is determined to be reasonable by fully considering the various sentencing grounds asserted by the prosecutor, and it is not deemed unfair because it is too uneasible, and there are no other special circumstances to change the above punishment. Thus, the Prosecutor’s allegation of unfair sentencing by the prosecutor is without merit.

3. As such, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act (see, e.g., Supreme Court Decision 2006Da36466, Apr. 1, 200). However, in the summary of the evidence of the judgment below, “1. Interrogation of the prosecution by the prosecutor against C” is obvious that it is a clerical error in the “police interrogation protocol against C” and thus, it is ex officio