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(영문) 서울북부지방법원 2015.05.13 2015노146
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, and 80 hours of community service) is too unfuneed and unreasonable;

2. In light of the reasoning of the Prosecutor’s assertion, the following facts are as follows: (a) the Defendant, who was off and detained the victim’s clothes and was not good enough to commit a bodily injury; and (b) the Defendant repeatedly commits the same kind of crime including the punishment for assaulting another foreign female living together immediately before the instant crime was committed; (c) the victim, by submitting a written agreement at the police station, expressed that the Defendant expressed his intention not to punish and continues to teach the Defendant; and (d) considering all sentencing conditions indicated in the pleadings, such as the Defendant’s age, character and conduct, family environment, etc., the lower court’s sentence is too unjustifiable and unreasonable.

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

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