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(영문) 광주지방법원 2020.04.14 2020노161

강요등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the public prosecution on the charge of assault among the facts charged in the instant case and convicted the remainder of the charges.

On the other hand, the defendant appealed only on the ground of unfair sentencing regarding the part on which the judgment of conviction was pronounced, and the dismissal of prosecution was dismissed by both the defendant and the prosecutor.

Therefore, since the dismissal of public prosecution is separated and finalized as it is, the scope of this court's judgment is limited to the judgment of conviction among the judgment below.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and one year of suspended execution) of the lower court is too unreasonable.

3. The judgment of the defendant recognizes the crime of this case and the fact that the victim is not punished by agreement with the victim is favorable circumstances.

On the other hand, it is unfavorable that the defendant had been sentenced to a suspended sentence of imprisonment due to violent crimes, and that the defendant committed the crime of this case even though he was in prison.

There is no special relationship or change of circumstances that can be newly considered by this court, and in full view of the defendant's age, character and conduct, family relationship, circumstances after the crime, and various sentencing conditions as shown in the records and arguments of this case, the sentence of the court below is too unreasonable.

Defendant’s assertion is not accepted.

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