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(영문) 서울서부지방법원 2019.09.26 2019노481
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court found the Defendant guilty of causing property damage among the facts charged, and dismissed the public prosecution regarding assault.

However, since the prosecutor appealed against the guilty portion, the part of the judgment dismissing the public prosecution which the defendant and the prosecutor did not appeal is finalized by the expiration of the period of appeal, and the scope of the judgment of this court is limited to

2. The lower court’s punishment (one year of the suspension of the execution of a fine of KRW 500,000) against the Defendant as to the summary of the grounds for appeal is too unhued and unreasonable.

3. The defendant shows the attitude of recognizing and opposing the crime of this case. In March 2000, the defendant did not have any criminal record except for the crime of violation of the Punishment of Violences, etc. Act, which was sentenced once to one fine.

The amount of damage to the property of this case is relatively small, and the defendant paid the amount of damage to the victim and the victim does not want to be punished by the agreement.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, the background and consequence of the instant crime, the means and consequence of the instant crime, the circumstances after the crime, etc., the lower court’s punishment is too uneasible and unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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