beta
(영문) 부산지방법원 2020.02.18 2019노3171

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years of suspended sentence in August, and two years of suspended sentence) to the gist of the grounds for appeal is too unreasonable; and

2. Determination

A. According to the records, the court below determined punishment within the scope of the recommended sentencing guidelines according to the sentencing guidelines of the Supreme Court, taking into account various factors such as the poor quality of the crime, the records of punishment for the same kind of crime several times, the misunderstandings, the misunderstandings, reflects the victim, and the victim does not want the punishment.

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 revealed in the oral proceedings, the lower court’s sentencing is too inappropriate and 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 defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.