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(영문) 서울남부지방법원 2013.06.21 2013노621
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s sentence (the suspension of sentence of KRW 1.5 million as a fine) is too unhued and unreasonable.

2. In full view of the following factors: (a) the Defendant was assaulted by the victim, thereby suffering damage from the Defendant’s upper part of the parts of the arms by tearing the tear and hand-to-saw; (b) the Defendant and the victim are in the front part of the arms; (c) the Defendant suffers from class 4 disease due to liver disorder; (d) the balance of punishment with the victim; and (e) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) the circumstances after the crime, etc., the lower court’s sentence is too unjustifiable and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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