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(영문) 서울서부지방법원 2017.07.27 2017노299
폭행
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (3 million won in penalty) is too unhued and unfair.

B. The Defendant did not submit a written reason for appeal within the period for submission of the written reason for appeal; the petition of appeal does not state the reason for appeal; and even after examining the record, the Defendant did not ex officio investigate and find the reason for reversal of the original judgment.

2. Although the judgment of the defendant has a large number of records of punishment against the defendant and is a criminal act during the repeated crime period, it is difficult to view the defendant as a unilateral assault of the defendant, such as that the defendant's recognition of and reflects on the crime of this case, and the victim also sponsed with the defendant's sponsing around the defendant's family members at the same time, etc., taking full account of other circumstances, such as the defendant's age, sexual conduct, intelligence and environment, circumstances leading to the crime of this case, the method and method of the crime, and circumstances after the crime, etc., the court below's punishment is too uneasible and unfair. Thus, the prosecutor's above assertion is rejected.

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. The defendant's appeal shall be dismissed in accordance with Article 361-4 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is decided on the prosecutor's appeal, the prosecutor's appeal shall not be dismissed separately and shall be sentenced together with a judgment

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