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(영문) 서울동부지방법원 2018.05.25 2018노95
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (3 million won in penalty) imposed by the court below is too unfased.

2. In full view of the reasons for sentencing indicated in the records of the instant case, the lower court’s sentencing against the Defendant appears to have been appropriately determined by fully taking account of all the circumstances, including the various reasons for sentencing asserted by the Prosecutor, and no special circumstance exists to the extent that the lower court’s sentencing is modified.

3. In conclusion, the prosecutor’s appeal is without merit, and the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, and all the column of “criminal facts” of the lower judgment was determined as follows: (a) the Defendant was sentenced to three years of imprisonment with labor for an indecent act committed by the Seoul Northern District Court on December 1, 2017 and four years of suspended execution and the judgment was finalized on December 9, 2017.

“A summary of evidence” and “a summary of evidence” are as follows: “A copy of the Supreme Court’s Na case search table (Seoul Northern District Court Decision 2017 High Court Decision 2017 High Court Decision 381 High Court Decision 2017 High High Court Decision 2017 High Court Decision 381 High Court Decision 201Da381)”; and “The relevant Article of the Criminal Act concerning the facts constituting a crime of 1.” in the last part of “the application of the law,” each addition of “1. After Article 37 of the Criminal Act dealing with concurrent crimes, Article 39(1)”.

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