폭행등
The defendant's appeal is dismissed.
1. The lower court’s judgment on the grounds that the part of the facts charged in the instant case, which was dismissed, and the part of the dismissal of a public prosecution, which was not appealed by the prosecutor as to the part of the Defendant’s conviction, became final and conclusive after the lapse of the appeal period. Accordingly, the lower court should be tried only on the part of the lower judgment which was guilty.
2. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.
3. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance 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, there is no change in the sentencing conditions compared with the lower court’s judgment because new materials on sentencing have not been submitted in the trial, and in full view of the factors revealed in the pleadings of the instant case, the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion.
It does not appear.
Therefore, the defendant's assertion is without merit.
4. 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.