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(영문) 서울남부지방법원 2017.09.21 2016노1753
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that there are many kinds of records on the defendant with the summary of the grounds for appeal, there are no circumstances to consider the background of the crime, and no effort is made to compensate for the damage, the punishment sentenced by the court below (two million won in penalty) is too uneasible and unfair.

2. There are no changed circumstances or circumstances after the judgment of the court below was rendered.

B. It is not determined that the lower court’s punishment was too unfilled and exceeded the reasonable scope of discretion, taking into account the following factors: (a) the Defendant was only a person subject to a fine; (b) the degree of the exercised violence; and (c) the Defendant’s age, sexual conduct, environment; and (d) all the sentencing conditions indicated in the argument of the instant case, including the motive for the

The prosecutor's improper argument in sentencing 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 appeal is without merit. It is so decided as per Disposition.

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