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(영문) 서울동부지방법원 2019.05.23 2019노33
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal (e.g., a fine of three million won) by the lower court against the Defendant is too uneased and unreasonable.

2. Considering the circumstances, such as the instant argument and the reasoning for sentencing indicated in the record of the instant judgment, namely, the form of and degree of damage to the instant crime, the Defendant’s criminal records, circumstances after the crime was committed, and the fact that the Defendant was suspected of being the victim, the lower court’s sentencing appears to have been reasonably determined by fully considering all the circumstances, including the various grounds for sentencing asserted by the prosecutor, and there are no special circumstances to the extent of changing ex post facto sentencing. Therefore, the Prosecutor’s assertion of unreasonable sentencing

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.

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