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(영문) 수원지방법원 2021.02.03 2020노6956
특수폭행
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the background of the grounds for appeal in this case and the fact that the Defendant suffers from mental illness, the lower court’s punishment (six months of imprisonment) is unreasonable.

2. In the criminal litigation law that takes the principle of court-oriented trials and the principle of direct determination, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no significant change in the terms of sentencing compared to the lower court’s judgment, and the lower court’s sentencing was exceeded the reasonable scope, comprehensively taking account of all the reasons indicated in the records of the instant case.

shall not be deemed to exist.

3. 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.

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