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(영문) 서울서부지방법원 2017.05.18 2017노186
폭행
Text

Defendant

The appeal by the prosecutor is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (4 million won in penalty) of the lower court is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. In light of the following circumstances: (a) the Defendant’s act of violence and mass production of a large number of victims on the grounds of minor negligence during the same suspended period; (b) the victim’s damage is relatively minor; and (c) the process in which the security personnel of the club committed the instant crime by contingently in the course of suppressing the Defendant; and (d) taking account of the favorable circumstances that the Defendant recognized the instant crime and closely reflects on the Defendant; and (b) comprehensively taking into account the equity with the same similar case and the Defendant’s age, sex behavior, intelligence and environment, means and method of committing the instant crime; and (c) the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the Prosecutor’s aforementioned assertion is rejected.

3. In conclusion, each of the instant appeals by the Defendant and the Prosecutor is dismissed as it is without merit. It is so decided as per Disposition.

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