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(영문) 부산지방법원 2020.06.11 2019노3668

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (three million won of a fine) is too unhued and unreasonable.

2. Determination

A. According to the records, the court below determined punishment by taking into account the following factors: (a) the degree of damage suffered by the victim is relatively minor; (b) the degree of injury suffered by the victim is more severe than that of the victim in the case of the defendant; (c) it is not agreed with the victim; (d) it has been punished for the same kind of crime; (e) there are several times; and (e) it has been punished for the same crime; and (e) it has committed the crime of this case during the period of suspension of execution; and (e) it has

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

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