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(영문) 서울중앙지방법원 2014.08.28 2014노632
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentencing of the lower court (a fine of KRW 1.5 million) is too unhued and unreasonable.

2. Although the Defendant was punished several times for the same kind of crime, the Defendant did not take any measures for the recovery of damage to the victim C until the instant crime was committed and the case was tried.

However, the defendant led to the confession of the crime of this case in depth, and committed the crime of this case in contingency under the influence of alcohol at the time of the crime, and the degree of damage to the victim does not exceed the extent of damage.

In full view of other circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and circumstances after the offense, etc., as seen in the instant pleadings and records, it is not recognized that the sentence imposed by the lower court is too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

3. The prosecutor's appeal of conclusion is without merit, and 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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