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(영문) 서울동부지방법원 2016.05.12 2015노1311
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. There are circumstances unfavorable to the Defendant, such as: (a) the Defendant was sentenced to imprisonment for five months with prison labor for the crime of injury in 2012; (b) four months with prison labor for the crime of injury in 2014; and (c) ten months with prison labor for the crime of injury in 2015; and (d) again commits the instant crime of assaulting a correctional officer during the period of repeated crime; (b) the nature of such crime is inferior; and (c) the Defendant’s authenticity does

However, in full view of the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below does not seem to be appropriate and too unreasonable, and it does not seem to be unfair.

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

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