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(영문) 서울동부지방법원 2020.11.26 2020노531
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, such as: (a) the Defendant did not know even during the period of repeated crime; (b) assaulted the victim; (c) damaged the mobile phone owned by the victim; and (d) did not reach an agreement with the victim; and (d) had been punished several times for the same crime.

On the other hand, the fact that the defendant recognized the crime of this case and opposed to it, and that the degree of damage to the mobile phone is not significant is favorable to the defendant.

In addition, in full view of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by taking into account the above normal relationship and the grounds for sentencing alleged by the prosecutor, and there are no special circumstances to the extent that the sentencing is changed ex post facto, so the Prosecutor’s assertion of unfair sentencing is without merit

3. 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.

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