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(영문) 수원지방법원 2017.08.11 2017노2969
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the suspension of sentence of a penalty of KRW 500,000) is deemed to be too unfilled and unfair.

2. The lower court suspended the sentence of a fine of KRW 500,000,00, taking into account the circumstances unfavorable to the Defendant.

When comprehensively considering the conditions of sentencing, the sentencing judgment of the court below exceeded the reasonable limit of its discretion in light of the sentencing criteria, the sentencing criteria, etc.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be comprehensively considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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