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(영문) 전주지방법원 2019.05.01 2018노1694

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants (e.g., e., e., e., 2 million won) is too uneased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the circumstances favorable to the Defendants and the unfavorable circumstances, the lower court determined the sentence by comprehensively taking account of all the circumstances favorable to the Defendants, and there is no change in the sentencing conditions compared with the lower court on the grounds that new sentencing materials have not been submitted in the trial. In full view of the records and arguments in this case, the lower court’s sentencing is too uneasible and it does not seem to have exceeded the scope of reasonable sentencing discretion.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.