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(영문) 전주지방법원 2019.09.26 2019노909

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (three million won of fine) is too large.

2. There is no special change in circumstances in the trial about sentencing.

The lower court already determined the punishment by fully taking into account all the circumstances that the Defendant asserts as the grounds for appeal.

In full view of various sentencing conditions indicated in the records of the instant case, including the sentencing grounds cited by the lower court and the age, character and conduct, environment, and background of the crime, it does not seem that the lower court’s sentence was too too unreasonable to have exceeded the reasonable scope of discretion on the sentencing.

Therefore, the defendant's assertion is not accepted.

3. 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.

(However, in the application of the laws and regulations of the court below, it is clear that "the pertinent Article of the Act on the 1. Criminal Fact" in the last sentence of the third place is a clerical error by mistake, and thus, it is based on Article 25 (1) of the Regulation on Criminal Procedure and it is corrected ex officio as "the pertinent Article of the Act on the 1. Criminal Crime and