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(영문) 서울동부지방법원 2019.06.13 2019노54
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal (unfair punishment) by the court below against the defendant is unreasonable because it is too unhued.

2. Considering the circumstances, such as the instant argument and the record of the judgment, namely, the form of and degree of damage to the instant crime, the Defendant’s criminal records, and circumstances after the crime, the lower court’s sentencing appears to have been reasonably determined by fully considering all the circumstances, including the various sentencing grounds asserted by the prosecutor. The prosecutor’s assertion of unfair sentencing is without merit, since there are no special circumstances to ex post facto change the sentencing.

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.

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