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(영문) 부산지방법원 2018.05.04 2017노4623
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of imprisonment with prison labor for a period of eight-month suspension, one hundred and twenty hours of community service, and forty hours of attending lectures) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s judgment because new materials on sentencing have not been submitted in the trial, and in full view of the factors revealed during the pleadings in the instant case, the lower court’s sentencing was too heavy or unfilled, thereby exceeding the reasonable scope of discretion.

It does not appear.

Therefore, each argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeals filed by the defendant and the prosecutor are without merit. It is so decided as per Disposition by the court below (Article 314(1) of the Criminal Procedure Act on the grounds that the "Article 30" was omitted as a mistake after the "Article 314(1) of the Criminal Procedure Act" in the second column for the application of the Act on the Registration of Residents, and the "Act on the Registration of Residents" in the third parallels is apparent to be a clerical error in the "former Resident Registration Act (amended by Act No. 14286, Dec. 2, 2016)". Thus, the correction is made ex officio in accordance with Article 25(1) of the

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