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(영문) 서울남부지방법원 2015.09.18 2015노4
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the reasons for appeal by the prosecutor is that the punishment of 200,000 won, which the court below sentenced, is too unfasible in light of the circumstances such as the fact that the defendant has been punished for violence-related crimes over several occasions, and the nature of the crime of this case which damaged the vehicle due to parking problems, is also poor.

In light of the circumstances, including the fact that the defendant had been subject to criminal punishment six times, and among them, the defendant led to the confession and reflects that he had been subject to criminal punishment three times or more, and that he has agreed to compensate for the damage of the victim within 60,000 days after the occurrence of the instant case and agreed with the victim, and other circumstances that form the conditions for sentencing as indicated in the instant case, such as the defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the instant crime, etc., the sentence imposed by the court below is appropriate, and it is not deemed unfair because it is excessively uneasible.

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

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