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(영문) 서울중앙지방법원 2017.10.20 2017노2551
폭행
Text

The prosecutor's appeal is dismissed.

An application for a compensation order issued by a compensation order applicant shall be dismissed.

Reasons

1. The sentence that the first instance court pronounced on the summary of the grounds for appeal (unfair sentencing) (one million won in penalty) is too uneasible.

2. There is no change in circumstances that may be considered in sentencing after the judgment of the first instance court, and considering the various conditions of sentencing as shown in the records and arguments in the instant case, even considering the circumstances asserted by the prosecutor on the grounds of appeal, the first deliberation sentence against the Defendant is too unfeasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

Meanwhile, pursuant to Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings as the scope of Defendant’s liability for compensation is not clear, an application for compensation order filed by an applicant for compensation cannot be accepted, and such application shall be dismissed pursuant to Article 32(1)2 and Article 32(2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

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