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(영문) 서울동부지방법원 2017.04.20 2017노317
폭행
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (4 months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. It is recognized that the judgment is based on the fact that the defendant was guilty of a repeated offense during the period of a repeated offense, and whether the defendant's attitude in the original judgment and the trial court of the first instance reflects the strong resistance of the defendant.

However, in full view of all the sentencing conditions as shown in the arguments in the instant case, including the fact that the Defendant appears to have reached contingency for the instant crime, the degree of the assault is relatively minor, the Defendant is aged, and the character and conduct of the Defendant, family environment, the circumstances and contents of the instant crime, and the result thereafter, the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the Prosecutor’s above assertion are without merit.

3. Accordingly, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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