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(영문) 서울동부지방법원 2016.12.16 2016노952
폭행
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the sentence of the court below that sentenced the defendant to a fine of 4,00,000 won is too unreasonable. On the contrary, the prosecutor's grounds for appeal is that the above sentence of the court below is too unreasonable.

The defendant had been punished by the suspension of execution and fine due to injury or other acts of violence, etc. several times, but the crime of this case was committed without being aware of during the suspension of execution due to the crime of forging private documents.

On the other hand, the Defendant violated the wrongness, and agreed with the victim in the first instance.

In full view of other circumstances that serve as the conditions for sentencing, such as the Defendant’s age, environment, circumstances leading to the commission of the crime, and the nature of the crime, the sentence of the lower court cannot be deemed to be appropriate and too heavy or unreasonable.

Therefore, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.

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