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(영문) 서울동부지방법원 2020.08.28 2020노217
상해등
Text

The prosecutor's appeal is dismissed.

An application for remedy by an applicant for remedy shall be dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of four million won) declared by the lower court is too unhued and unreasonable.

2. Comprehensively taking account of the arguments in the instant case and the reasons for sentencing indicated in the record, the lower court appears to have been reasonably determined by fully considering all the circumstances, including the reasons for sentencing asserted by the prosecutor, and no special circumstance exists to the extent that the lower court’s punishment is modified.

Therefore, prosecutor's assertion is without merit.

3. The application for a remedy order filed in the trial of the judgment on the application for a remedy order is not valid since the scope of the liability for compensation is not clear. Thus, the application for a remedy order filed by the applicant for compensation is rejected.

4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and the application for compensation order by the applicant for compensation is dismissed in accordance with Article 32 (1) 3 and Article 25 (3) 3 and 4 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc.

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