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(영문) 의정부지방법원 2019.06.27 2018노2839
특수폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing (the sentence of the court below shall be six months, and the suspended sentence shall be two years);

2. (1) The lower court determined a sentence by comprehensively taking into account the following circumstances and the matters stipulated in Article 51 of the Criminal Act. The mitigated person: (2) The Defendant recognized the crime and reflects his/her mistake, and the victim did not want to punish the Defendant; and (3) the reason for unreasonable sentencing alleged by the prosecutor was already sufficiently considered by the lower court in determining the punishment; and accordingly, the lower court’s punishment determined pursuant thereto is appropriate within the discretionary scope.

In addition, there is no reason to judge that the sentencing conditions have changed in the trial.

Therefore, the Prosecutor's argument on sentencing and light is not accepted.

3. Since the appeal by the prosecutor of the conclusion 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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