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(영문) 서울중앙지방법원 2016.12.23 2016노4007
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The punishment of a fine of one million won in the first instance (a fine) shall be deemed to be too unhued and unfair;

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). However, the appellate court did not change the conditions of sentencing compared to the first instance court as the materials for new sentencing were not submitted. In full view of the following: (a) the degree and circumstance of the Defendant’s use of force; (b) the Defendant’s criminal records; (c) the Defendant’s age, character and conduct; (d) the motive, means and consequence of the crime; and (e) the circumstances after the crime were committed, the sentencing of the first instance court does not seem to have exceeded the reasonable scope of discretion by being excessively unfluened.

Therefore, the prosecutor's above assertion is without merit.

3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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