상해등
The defendant's appeal is dismissed.
1. Of the facts charged against the Defendant, the lower court rendered a judgment dismissing the prosecution as to the Defendant’s assault, and sentenced the remainder of the charges, respectively. Since only the Defendant appealed on the conviction portion among the lower judgment, the part dismissing the prosecution that the Defendant and the Prosecutor did not appeal was separated and confirmed as it is
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. The summary of the grounds for appeal (e.g., imprisonment with labor for up to 10 months) by the lower court is too unreasonable.
3. In a case where there is no change in the conditions of sentencing compared with 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 it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined a sentence against the Defendant by taking account of the following: (a) although the Defendant agreed to some of the victims, the instant crime was committed during the same period of suspended execution; (b) the remainder of the damage has not yet been recovered; and (c) the quality of the crime was inferior.
The judgment below
There is no change in circumstances that may be considered in sentencing thereafter.
In full view of other circumstances, which are the conditions for sentencing as shown in records and pleadings, the lower court’s sentence is too unreasonable.
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 since it is without merit. It is so decided as per Disposition.