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(영문) 서울중앙지방법원 2020.12.24 2020노1816
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (a0 million won of fine) against the Defendant as to the summary of the grounds for appeal is deemed to be too unhued and unreasonable.

2. 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). In light of the foregoing legal doctrine, there is no change in the conditions of sentencing compared to the original judgment because there is no particular new sentencing data in the health class and the trial court, and the prosecutor’s assertion on the grounds of unfair sentencing (the fact that the crime of repeated period is a criminal act, the degree of injury is poor) appears to have already been reflected in the grounds for sentencing of the lower court. In full view of other various circumstances, including the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the lower court’s sentencing does not seem to be unfair because it goes beyond the reasonable scope of discretion.

Therefore, the prosecutor's assertion of unfair sentencing 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 ground that it is without merit. It is so decided as per Disposition.

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