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(영문) 서울남부지방법원 2019.10.15 2019노1383

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.

2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(2) In light of the aforementioned circumstances, the lower court rendered the above sentence to the Defendant on July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In full view of the following factors: (a) under favorable circumstances that the Defendant had no record of having been sentenced to violence criminal records or imprisonment with prison labor; (b) the Defendant’s commission of repeated bodily injury to the victim; and (c) the Defendant committed a second offense despite the record of family protective disposition, etc. due to assault against the victim; and (d) there is no special circumstance or change of circumstances that may newly consider sentencing in the trial; and (e) the Defendant’s age, character and conduct, family relationship, motive and background of the crime; and all of the sentencing factors indicated in the records and arguments of the instant case, including the circumstances after the crime, etc., the sentencing

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.