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(영문) 대전지방법원 2017.11.08 2017노727
폭력행위등처벌에관한법률위반(공동퇴거불응)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (Defendant A: 10 months of imprisonment, 2 years of probation, 2 years of probation, 6 months of imprisonment, 2 years of probation, 2 years of probation, 3 years of protection observation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance court 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). The lower court determined a punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendants into account, and there is no circumstance to newly consider in the first instance court. Thus, even considering the circumstances asserted by the Defendants and the Prosecutor on the grounds of appeal, the lower court’s punishment is too heavy or unabrupted and is not deemed unfair.

3. In conclusion, the appeal filed by both the Defendants and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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