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(영문) 부산지방법원 2018.01.25 2016노2326

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment) against the Defendant on the gist of the prosecutor’s appeal is too unfasible and unreasonable.

2. The crime of this case is found to be disadvantageous to the defendant, in light of the content of the crime, that the defendant inflicted an injury on the victim in the course of the victim's head with beer, which is a dangerous thing from the victim E, and that the defendant did not agree with the victim.

However, it is reasonable to respect the defendant's confession of the crime of this case, and our Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, where there exists no change in the conditions of sentencing compared to the judgment of the first instance, and the sentencing of the first instance does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). An unfavorable circumstance against the defendant, which was recognized before the judgment of the court below, does not constitute a special change of circumstance that could change the sentence of the court below, and it does not seem unfair because the defendant's punishment against the defendant is too unscheduled, considering all the circumstances that form the conditions of sentencing specified in the argument of this case, such as the defendant's age, sexual behavior, environment, etc.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.