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(영문) 부산지방법원 2019.05.15 2018노3473
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court’s sentence is too uneased and unreasonable.

2. The lower court sentenced a fine of KRW 3 million to the Defendant, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of all the circumstances that serve as the condition for sentencing in this court, no circumstance exists, including where the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or where it is deemed to have been unfair to maintain the judgment of the court below as it is.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the Defendant’s age, character and conduct, environment, circumstances and consequence of the crime, etc., the lower court’s sentence is appropriate, and is too unjustifiable and unreasonable.

The prosecutor's assertion of unfair sentencing is without merit.

3. The prosecutor's appeal of conclusion is without merit, and 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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