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(영문) 서울남부지방법원 2017.12.08 2016노2358
특수폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to five million won) is too uneasy and unreasonable.

2. In full view of the circumstances that the court below rendered on the grounds of sentencing (the fact that the risk of the method of crime is heavy and the liability for the crime is not mitigated, that the victim wants to punish the defendant, that the defendant is a primary offender who has no record of criminal punishment, that confessions and commits a crime against the mistakes, that the defendant reflects the course of the crime and the age of the defendant), that the defendant deposited 2 million won for the victim in the trial, and all other sentencing conditions that are shown in the records and arguments of this case, the sentence imposed by the court below on the defendant is judged appropriate and unfair, and the 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 on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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