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(영문) 서울남부지방법원 2013.11.14 2013노1361

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the reasons for appeal by the prosecutor is that the punishment (700,000 won of fine) imposed by the court below is too unfasible and unfair.

Therefore, in light of the fact that the defendant was punished once as the same type of crime, and that the total criminal power was committed without being aware of about 40 times, and that there was no agreement between the victim and the victim, it is reasonable to punish the defendant more strictly.

However, in full view of all the circumstances alleged by the Defendant as grounds for appeal, the Defendant’s mistake is divided, and the Defendant was sentenced to 8 months of imprisonment with prison labor at the Seoul Southern District Court on August 12, 2013, and the above case was still pending in the Supreme Court (Supreme Court Decision 2013Do12176). In full view of the following circumstances, the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., and the sentencing conditions indicated in the argument and the record of the instant case, such as the circumstances following the crime, are deemed unreasonable as it is too unreasonable to the extent that the Defendant’s punishment imposed by the lower court should be reversed.

Therefore, prosecutor's assertion is without merit.

Therefore, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.