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(영문) 대구지방법원 2021.01.15 2020노2107

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the penalty (4 million won) imposed by the court below is too unfased.

2. In a case where there is no change in the sentencing conditions compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, the lower court, based on the foregoing, determined the sentence by taking into account the various circumstances as indicated in its reasoning.

In addition to the circumstances indicated by the court below, no new circumstance exists to change the sentence of the court below in the court below, and even considering the defendant's age, sex, environment, motive and means of the crime, circumstances after the crime, etc., all of the sentencing conditions stated in the arguments of this case, such as the court below's age, sexual behavior, environment, motive and means of the crime, etc., the court below's sentencing is too un

It does not appear.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.