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(영문) 전주지방법원 2020.12.15 2020노894 (1)

특수상해

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing: one year of imprisonment, two years of suspended sentence, two hours of community service order, Defendant J: 10 months of suspended sentence, two years of suspended sentence, and 80 hours of community service order) by the lower court is too unreasonable.

2. The appellate court’s judgment is reasonable to respect the sentencing condition in comparison with the first instance court where there is no change in the conditions of sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion.

The lower court appears to have determined the sentence in full consideration of the various favorable and unfavorable circumstances to the Defendants, and there is no special circumstance to change the sentencing after the lower judgment.

In addition, examining the Defendants’ age, character and conduct, environment, circumstances after the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing indicated in the instant records and pleadings, the lower court’s punishment against the Defendants is deemed unreasonable because it goes beyond the reasonable scope of discretion.

3. The Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit.