beta
(영문) 수원지방법원 2019.08.12 2019노757

폭행치상

Text

The prosecutor's appeal is dismissed.

Reasons

The grounds for appeal by the prosecutor are as follows: (a) it is unreasonable that the court below’s punishment (three million won of a fine) is too unfluent and unreasonable; (b) however, even if the materials submitted at the court below were presented, there is no meaningful change in the terms of sentencing compared to the court below; and (c) considering the reasons for sentencing indicated in the records of this case, the court below’s punishment against the defendant cannot be deemed as inappropriate because it is too unfluent and too low compared to the reasons for sentencing indicated in the records of this case; (d) under the Criminal Procedure Act, the court below’s trial-oriented principle and direct principle exists in relation to the determination of sentencing;

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Prosecutor’s appeal is decided as per Disposition on the grounds that the appeal is groundless.