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(영문) 광주지방법원 2020.09.08 2020노1489
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

The lower court dismissed the prosecution as to the assault against B among the facts charged in the instant case, and convicted the remainder of the charges.

Therefore, since only the prosecutor appealed the conviction part and did not appeal the dismissal part, the dismissal part of the prosecution which the defendant and the prosecutor did not appeal was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor and two months) of the lower court is deemed to be too unhued and unfair.

3. In comparison with the judgment of the court below, there is no change in the terms and conditions of sentencing in this court, and the sentencing of the court below is difficult to be deemed to have exceeded the reasonable scope of discretion, and considering the defendant's age, character, conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, it cannot be deemed that the sentence of the court below is too unjustifiable.

The prosecutor's assertion is not accepted.

4. 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. It is so decided as per Disposition.

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