폭력행위등처벌에관한법률위반(공동상해)등
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable.
2. Determination of sentencing is based on statutory penalty, discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting conditions for sentencing prescribed in Article 51 of the Criminal Act.
However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the judgment of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing in the course of the first instance sentencing review and the sentencing criteria, etc., or where it is deemed unfair to maintain the first instance sentencing as it is in full view of the materials newly discovered in the course of the appellate court’s sentencing review.
In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015, etc.). Since the lower court determined a punishment within a reasonable scope by fully taking account of the overall circumstances regarding the sentencing of the Defendant’s sentencing, the lower court does not deem that the lower court’s punishment is too unreasonable, even in view of all the circumstances asserted by the Defendant as the grounds for appeal, including the fact that the Defendant denied a part of the crime at the lower court, but led to the conviction of the Defendant, and that the Defendant agreed with the victim of the case No. 2018Da860 at the trial.
Therefore, the defendant's assertion 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 on the ground that it is without merit. It is so decided as per Disposition.
However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the Criminal Code shall be applied ex officio, and the 8th page of the judgment of the court below shall be applied.