logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2021.02.16 2020노2751
특수상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The determination of the grounds for appeal (unfair sentencing) is unreasonable because the sentencing of the penalty (two years of suspended execution in six months of imprisonment, and one hundred and twenty hours of community service) is unhutiled.

2. The sentence imposed by the court below is within the scope of recommendations according to the annexed sentencing guidelines (from June to two years).

In consideration of the failure to recover damage, the punishment was determined in consideration of the reflectivity of the defendant, the criminal records, the degree of damage of the defendant, etc.

The court below did not err in selecting and applying sentencing elements, and there is no change in sentencing conditions in the appellate court.

The lower judgment cannot be respected (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). Examining the sentencing factors and other factors of sentencing set forth in the sentencing guidelines for special injury in this court, the lower judgment cannot be deemed unfair because the amount of the lower judgment exceeds the reasonable scope of discretion, even if examining again the sentencing factors and other factors of sentencing set forth in the sentencing guidelines for special injury.

3. The appeal by the prosecutor of conclusion is without merit.

Article 364 (4) of the Criminal Procedure Act is dismissed.

arrow