logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.11.27 2014노1158
폭력행위등처벌에관한법률위반(상습폭행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, and probation) declared by the court below is deemed to be too unfortunate and unfair.

2. The judgment is disadvantageous to the defendant in sentencing, for the following reasons: (a) the Defendant has a number of penalties related to violence, including punishment, and the Defendant did not reach an agreement with the victim to the trial.

However, in full view of the following circumstances: (a) the Defendant led to the confession of a crime; (b) the victim has withdrawn his/her intent to punish the Defendant during the investigation process; and (c) the victim has not been injured; and (d) other circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) the circumstances after the crime, etc., it is not deemed unreasonable to the extent that the sentence imposed by the lower court should be reversed

The prosecutor's assertion of unfair sentencing is without merit.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition.

arrow