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(영문) 서울중앙지방법원 2017.02.10 2016노3120
폭력행위등처벌에관한법률위반(공동폭행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (2,00,000 won) sentenced by the first instance court on the summary of the grounds for appeal (unfair sentencing) is too uneased and unreasonable.

2. In the instant case where there is no change in the sentencing conditions that may be specifically considered in the appellate court’s judgment, comprehensively taking account of the following circumstances, such as the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the commission of the crime, and the circumstances after the commission of the crime, it is difficult to view that the sentencing sentence that the first instance court sentenced is excessive beyond the scope of the sentencing discretion and is unfair.

Therefore, the prosecutor's above argument of sentencing is not accepted.

3. The Prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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