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(영문) 대전지방법원 2020.10.08 2020노1943
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court, among the facts charged in the instant case, sentenced the Defendant to the dismissal of prosecution, and sentenced the Defendant guilty of the remainder of the facts charged.

Since only the Defendant appealed on the grounds of unreasonable sentencing as to the guilty portion of the judgment below, the dismissal of prosecution which the Prosecutor did not appeal was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable.

3. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

As stated in the reasoning of the sentencing, the lower court was sentenced to punishment in consideration of the favorable circumstances and unfavorable circumstances for the Defendant, and there is no change in the sentencing conditions of the lower court as there is no change in the submission of new sentencing data other than one million won for the victimized police officer in the trial, and taking full account of all the sentencing conditions of the Defendant, including the Defendant’s age, character and conduct, environment, family relationship, the background and result of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy.

4. The defendant's appeal is dismissed on the ground that it is without merit.

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