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(영문) 서울중앙지방법원 2020.11.13 2020노1740

특수폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

The judgment below

Inasmuch as new circumstances or special changes are not visible to reflect in sentencing after sentencing, and furthermore, considering the following circumstances, including the fact that the defendant does not want the punishment of the defendant by mutual consent with the victim, as well as all the conditions of sentencing as shown in pleadings, including the defendant’s age, character and conduct, environment, family relationship, circumstances and consequences of the crime and the circumstances after the crime, the sentence of the court below is too unreasonable because it goes beyond the reasonable scope of discretion.

Therefore, prosecutor's assertion is without merit.

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.