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(영문) 청주지방법원 2019.09.20 2018노1238
특수폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unhued and unreasonable.

2. All circumstances asserted by the Prosecutor as an unfavorable factor in sentencing at the trial were revealed during the hearing of the lower court, and no particular change of circumstances is found in relation to the matters subject to sentencing after the pronouncement of the lower judgment.

Furthermore, in full view of the sentencing grounds cited by the court below and other various sentencing conditions specified in the records of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the court below's punishment cannot be deemed to have exceeded the reasonable scope of discretion in sentencing, and thus, the prosecutor's assertion is not acceptable.

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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