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(영문) 부산지방법원 2019.05.23 2019노267

폭행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Of the facts charged, the lower court rendered a judgment dismissing public prosecution as to the insult of victim B, and rendered a judgment of conviction as to the remainder of the facts charged.

Accordingly, the prosecutor appealed only to the guilty portion of the judgment of the court below, and the dismissed part was separated and determined as it is, and excluded from the scope of the judgment of the court.

2. The main points of the grounds for appeal are as follows: (a) the sentence of the lower court (three million won of a fine) is too unhued and unreasonable.

3. Determination

A. According to the records, the court below was sentenced to punishment in consideration of various sentencing reasons, such as the fact that the crime was committed during the period of probation, the fact that the mistake was pened, the fact that the victim E wishes to have the Defendant’s wife.

B. Although there is no change in the conditions of sentencing compared to 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 argument of unfair sentencing is without merit.

4. In conclusion, the prosecutor's appeal 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.