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(영문) 서울남부지방법원 2013.09.26 2013노1131
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the reasons for appeal by the prosecutor is that the punishment of the judgment of the court below (the suspended sentence, suspended sentence: the fine of KRW 500,000) is too uneased and unreasonable.

Considering the various sentencing conditions in the arguments of this case, such as the method of the crime of this case, background, circumstances after the crime of this case, age and character and conduct of the victim C, when the victim was flickly committed against the defendant and assaulted the defendant, which led the victim to a strong aspect that the victim caused the crime of this case, the defendant was injured by the crime of this case, while the degree of damage to the victim was minor, and there was no criminal record against the defendant. The prosecutor's assertion is without merit, since the sentence of the judgment below is too unjustifiable.

Therefore, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, according to Article 25 of the Regulation on Criminal Procedure, the defendant's 2 through 4 of the facts constituting the crime in the judgment below's ex officio is changed to "When the victim C (the 56-year old age) who is a neighboring resident (the son) who is not good between the defendant and the peace, satisfying a baton A's face and the batch part of the hand floor, which is a neighboring resident (the 56-year age) who is not good between the defendant D and the faton, satisfying the defendant's face and the chest part of the fat at hand)" to "the victim C (the 56-year age), a neighboring resident (the fat, the fat, the fat of the defendant, and the fat at hand, the fat at the hand of the defendant)

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