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(영문) 서울북부지방법원 2020.12.10 2020노1451

특수상해

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. As to the gist of the grounds for appeal (a year of imprisonment) by the court below against the defendant, the prosecutor asserts that the defendant's punishment is too uneased, and that the defendant's punishment is too uneasible and unreasonable.

2. The lower court determined that the Defendant’s punishment was imposed by taking account of the following factors: (a) the Defendant was punished several times due to violent crimes; (b) the Defendant committed the instant crime without being weighted even during the repeated crime period; (c) the victim suffered considerable physical or mental damage but failed to recover damage; and (d) the likelihood of recidivism seems to be very high; and (b) the Defendant’s favorable circumstances were considered as favorable to the Defendant; and (c) other factors of sentencing specified in the records and arguments, including the Defendant’s age, occupation, character and conduct, environment, and circumstances before and after the instant crime.

However, the grounds for sentencing asserted by the defendant in the trial are considered all in the court below's sentencing, and there is no new reason to consider the sentencing of the defendant more or less than that of the defendant after the court below's sentencing.

Furthermore, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In full view of the fact that the sentencing of the first instance court is reasonable to respect it, the sentence imposed by

Therefore, the prosecutor and the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the prosecutor and the defendant are without merit. It