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(영문) 부산지방법원 2019.07.25 2019노1058

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the court below (the fine of KRW 5,00,000) on the summary of the grounds of appeal is deemed to be undue.

2. Determination

A. According to the records, the lower court determined the sentence in consideration of the sentencing reasons, such as the charge of the instant crime during the period of repeated crime, the occurrence of injury to the victim, and the attitude against the victim.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the prosecutor'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.