beta
(영문) 서울동부지방법원 2019.09.19 2019노750

폭력행위등처벌에관한법률위반(공동상해)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The grounds for appeal (e.g., imprisonment with prison labor for six months, suspended execution for two years, and community service order for 80 hours) of the lower court are too uneased and unreasonable.

2. The lower court’s sentencing seems to be reasonably determined by fully considering all the circumstances, including various sentencing grounds asserted by the prosecutor, and there are no special circumstances to the extent of ex post changing sentencing, and thus, the Prosecutor’s allegation of unfair sentencing is without merit, in light of the following: (a) the grounds for sentencing indicated in the instant argument and the record of the instant case; (b) the background and form of the occurrence of the instant time crime; (c) the degree of damage suffered by the victims; and (d) the Defendant deposited considerable money against the victim E with the victim F; and (e) the National Health Insurance Corporation paid the amount of claim for reimbursement of medical expenses against the Defendant; and (e

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.