beta
(영문) 서울동부지방법원 2015.12.24 2015노1349

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 5 million won imposed by the lower court on the Defendant is too uneased and unreasonable.

2. As to the grounds for appeal, there are unfavorable circumstances, such as the following: (a) the Defendant, without calculating the beer displayed at the convenience store, took over the face of the victim who prevents it; (b) the quality of the crime was bad in light of the circumstances leading up to the crime; (c) the Defendant has been punished by a fine or by a suspended sentence of imprisonment for the same type of crime several times; and (d) the Defendant committed the instant crime since two years have not passed since the execution of imprisonment was completed; and (e) the Defendant did not agree with the

However, examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below against the Defendant is appropriate and its determination is not unreasonable.

3. 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.