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(영문) 광주지방법원 2018.03.21 2017노3268
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below's scope of a party member's judgment is dismissed as to assault among the facts charged in this case, and found guilty as to the remaining facts charged, and since the prosecutor appealed only for the conviction and dismissed part of a public prosecution for which the defendant and the prosecutor did not appeal becomes final, the scope of a party member's judgment is limited

2. The lower court’s sentencing is too uncomfortable to the point of reasons for appeal.

3. When comprehensively considering the various matters and the applicable sentences that are the conditions of sentencing in the trial at the judgment party, the determination of the lower court’s sentencing seems to belong within the reasonable scope of the discretion, and there is a change in the conditions of sentencing in the trial at the time of the final trial.

Considering the fact that it cannot be seen, the prosecutor’s above assertion is without merit, since the lower court’s punishment is too unfilled and unreasonable.

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 appeal is without merit. It is so decided as per Disposition.

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