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(영문) 서울서부지방법원 2016.11.10 2016노992
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unfilled and unreasonable.

2. The lower court appears to have determined the punishment in light of all the circumstances described in the reasoning of the lower judgment’s sentencing, and there was no change in circumstances in the final trial.

In addition, considering various sentencing conditions shown in the records and pleadings, such as the background and means of the crime, the circumstances after the crime, the defendant's career, character and conduct, environment, etc., the lower court's punishment is deemed appropriate and it cannot be deemed unreasonable to the extent that the lower judgment should be reversed

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. It is so decided as per Disposition.

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