beta
(영문) 부산지방법원 2018.11.09 2018노3138

특수폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to five million won) is too minor.

2. The court below's judgment exceeded the reasonable limit of discretion when comprehensively taking into account all the conditions of the arguments and the records of the case, including the circumstances unfavorable to the defendant's reasons for sentencing (such as confession, contingent and dynamic crimes, the victim's direct physical damage is not good, and there is no record of being punished several times due to interference with duties, etc.) and favorable circumstances (such as the fact that the court below's judgment exceeded the reasonable limit of discretion, in light of the following as a whole: the defendant's character and character age intelligence environment, motive and means of the crime, and circumstances after the crime, etc.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.