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(영문) 서울동부지방법원 2016.05.26 2015노1485
폭행등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not submit a written reason for appeal within the submission period of the due reason for appeal, and the petition of appeal does not state the reason for appeal, and the Defendant cannot find any reason for ex officio investigation even after examining the judgment below.

B. The Prosecutor’s sentence (the amount of KRW 5 million and the amount of KRW 24 hours’ program program) of the lower court is too uneasible and unreasonable.

2. We examine the prosecutor's unfair argument of sentencing. Further, in light of the circumstances as examined in the reasons for sentencing, the court below's determination of punishment is not deemed to be unfair because it is adequate and too low, and it does not seem to have affected the part of each of the crimes in this case.

3. According to the conclusion, the prosecutor’s appeal is without merit, and pursuant to Article 364(4) of the Criminal Procedure Act, the defendant’s appeal is all dismissed pursuant to Article 361-4(1) of the Criminal Procedure Act on the grounds as seen in Article 1-1(a). It is so decided as per Disposition (The defendant’s appeal may be dismissed by decision, but as long as the prosecutor’s appeal is dismissed by decision, it shall be dismissed by decision en bloc, and the defendant’s appeal shall be dismissed by decision, as long as it is so decided, and the "C" of the 2015 Highest 1081 case among the facts constituting the crime of the judgment of the court below shall

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