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(영문) 서울중앙지방법원 2016.12.08 2016노2301
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 500,000 won) imposed by the lower court is too unhued and unreasonable.

2. Although the judgment has a criminal power over several occasions over the defendant, it is not recognized that the sentencing of the court below exceeded the reasonable scope of discretion, considering the following as a whole: (a) the defendant has the same criminal power over several occasions; (b) the defendant shows the attitude of recognizing and reflecting his mistake; (c) the defendant appears to be in an economic situation as a basic living recipient; (d) the degree of damage to the victim is minor; and (e) the motive, means and result leading to the crime in this case; (c) the circumstances after the crime was committed; (d) the defendant's age, character and conduct; and (e) other circumstances

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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