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(영문) 서울동부지방법원 2018.08.24 2018노570
폭행등
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 (6 million won in penalty) imposed by the court below is too unfased.

2. In full view of the arguments in the instant case and the reasons for sentencing indicated in the record, the lower court’s sentencing against the Defendant appears to have been appropriately determined by fully considering 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 to be changed.

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, and it is so decided as per Disposition (Provided, That pursuant to Article 25 (1) of the Rules on Criminal Procedure, ex officio, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the part concerning the 6 conduct below the second day of the judgment below is corrected to "the pertinent Article of the Act and

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