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(영문) 의정부지방법원 2020.09.18 2019노3193
폭행치상
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. In light of the circumstances indicated in the instant pleadings, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., the Defendant did not change the sentencing conditions compared to the lower court’s submission of new sentencing data at favorable circumstances and the lower court’s trial, such as the following: (a) the Defendant, without a justifiable reason, she saw the victim a trial fee; (b) the Defendant has been punished several times as a violent crime; and (c) the Defendant committed the crime of this case during the period of repeated crime due to damage to public goods, etc.; or (d) there was no significant degree of injury to the victim; (b) the Defendant did not submit new sentencing data; and (c) the Defendant’s age, character and behavior

Therefore, the prosecutor's above assertion is without merit.

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

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