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(영문) 대구지방법원 2020.06.26 2019노3277
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of KRW 10 million) declared by the lower court is too unhued and unreasonable.

2. Of the facts charged in the instant case, the lower court rendered a judgment dismissing the prosecution as to each of the assault committed against the victim B, C, and D, and rendered a judgment of conviction as to each of the remaining injuries.

Since the prosecutor appealed from the judgment of the court below on the ground of unreasonable sentencing only for the guilty portion among the judgment below, the dismissal of public prosecution in the judgment below is excluded from the scope of judgment.

3. 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). Based on the foregoing legal doctrine, the health class, the lower court, based on the foregoing legal doctrine, determined the Defendant’s punishment by comprehensively taking account of the circumstances as stated in its reasoning, and there is no special circumstance or change of circumstances that may be assessed differently from the sentencing conditions of the lower court in the trial except the circumstances indicated by the lower court, and other circumstances that form the conditions for sentencing as indicated in the instant pleadings, including the Defendant’s age, character and behavior, environment, motive for committing the crime, and circumstances after committing the crime, it cannot be deemed that the sentence imposed by the lower court is too unreasonable to the extent that

Therefore, prosecutor's assertion is without merit.

4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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