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(영문) 서울동부지방법원 2017.09.15 2017노454
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) the Defendant’s criminal history, in particular, the crime of this case is an offense during the period of repeated offense, etc., the sentence of a fine of KRW 3 million imposed by the lower court against the Defendant is too uneasible.

2. In full view of the judgment, the sentencing materials indicated in the arguments and records of the instant case, and, in particular, the fact that the injured party does not want the punishment of the Defendant by having agreed with the injured party during the investigation process, the sentencing of the lower court is too uneasible and it does not seem unfair, and no special circumstance exists to the extent that the above punishment should be changed.

In the end, the prosecutor's improper argument of sentencing is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition.

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