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(영문) 수원지방법원 2018.11.16 2018노5004

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the lower court’s judgment, and where the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking account of the circumstances favorable to the Defendant and unfavorable conditions

The circumstances asserted by the prosecutor on the grounds of appeal (such as the fact that it is a crime during the suspension period of the execution of imprisonment with prison labor, the fact that there are many same kinds of records, the improvement of the defendant and the general preventive effects) are considered in the sentencing

In addition, there is no new change in circumstances that could change the sentence of the court below to the disadvantage of the defendant in the first instance court.

When comprehensively considering the sentencing conditions, such as the character and conduct of the defendant, environment, motive, means and consequence of the crime, and circumstances after the crime, including the confession of the defendant to commit the crime in this case and the agreement with the victim at the trial of the court below, the sentence of the court below cannot be deemed to be unfair as it goes beyond the reasonable scope of discretion, and it cannot be deemed to be unfair.

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.