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(영문) 전주지방법원 2016.09.22 2016노430

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won penalty) is too unreasonable.

2. In light of the fact that the sentencing is determined within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing under Article 51 of the Criminal Act, based on the statutory penalty, and the fact that the sentencing is determined within an ex post facto and appropriate scope, it is reasonable to respect the first instance judgment in a case where there is no change in the conditions for sentencing compared to the first instance judgment, and the sentencing of the first instance judgment does not deviate from the reasonable scope of discretion. Although the first instance judgment is within the reasonable scope of discretion, it is desirable to reverse the first instance judgment on the sole ground that the sentence differs from the appellate court’s opinion, and to refrain from imposing a sentence that does not differ from the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, there is no special change compared to the sentencing of the lower court. Even if the lower court’s reasoning stated in the judgment, even if it is deemed that the lower court exceeded the reasonable scope of discretion of the Defendant’s given favorable support to the Defendant, as alleged by the Defendant.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.