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(영문) 서울서부지방법원 2018.07.12 2018노611
폭행
Text

The defendant's appeal is dismissed.

Reasons

The Prosecutor appealed on the ground that the lower court’s punishment (four months of imprisonment) is too unfilled and unfair.

In 2017, the Defendant had the record of two assault crimes and two recommended assault investigation records, both of which are crimes committed against those who are not aware of such facts as the instant case, and committed a second offense during the period of suspension of execution.

In addition to the above criminal records, the defendant has no record of the same crime in 1992 and 2001.

The defendant recognizes and reflects the crime.

As above, the judgment of the court below exceeded the reasonable bounds of discretion in view of comprehensively taking into account all elements of sentencing, such as the defendant's age, sex, environment, and conditions before and after the crime, such as the unfavorable or favorable circumstances to the defendant.

shall not be deemed to exist.

Since the prosecutor's appeal is without merit, 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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