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(영문) 서울북부지방법원 2017.12.21 2017노1858
특수폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal that the court below rendered against the defendant is improper because the punishment (3 million won in penalty) imposed on the defendant is too uneasible.

Judgment

Although the Defendant has been subject to punishment several times as violent crimes, there are unfavorable circumstances to the Defendant, such as the fact that the Defendant was punished, on the other hand, while recognizing the instant crime, the Defendant is against the recognition of the Defendant, and the Defendant was able to deposit KRW 2 million with the victim E, etc. for H by the victimized Police Officers, as well as other circumstances favorable to the Defendant, including the motive and background leading up to the instant crime, the means and method of the crime, the circumstances before and after the instant crime, the Defendant’s age, sexual behavior, environment, occupation, family relation, etc., the sentence imposed by the lower court cannot be deemed as unfair because it is too unaffortuous.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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