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(영문) 부산지방법원 2018.10.11 2018노2970

특수상해

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (eight months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In a case where there is no change in the terms and 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, the Defendant’s Matrimonial engagement, father, and sibling, etc. submitted a written application to seek the Defendant’s preference to the Defendant, but this does not constitute a special change in circumstances that could change the sentence of the lower court, and there is no change in the sentencing conditions compared to the lower court’s original judgment, as no new data on sentencing were submitted, and the sentencing of the lower court was submitted in full view of the reasons revealed in the oral proceedings of the instant case, and it does not seem unfair since the sentencing of the lower court exceeded the reasonable scope of discretion.

Therefore, the defendant's argument of sentencing is without merit.

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