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(영문) 광주지방법원 2019.07.16 2019노219
폭행치상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below dismissed the prosecution as to the assault among the facts charged in this case and sentenced the remaining facts charged.

Since only the prosecutor appealed against the guilty portion, the dismissal part of the judgment of the court below which the prosecutor did not appeal was separated.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. The summary of the grounds for appeal (e.g., a fine of KRW 3,00,000) of the lower court is too uneased and unreasonable.

3. In addition, in comparison with the judgment of the court below, there is no change in the conditions of sentencing in the court below, and the sentencing of the court below is difficult to deem that it exceeded the reasonable scope of discretion, and considering the defendant's age, character, conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, it cannot be deemed that the sentence of the court below is too unreasonable.

Therefore, prosecutor's assertion is not accepted.

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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