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(영문) 대구지방법원 2019.10.11 2018노4183
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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.

(2) In light of the aforementioned legal principles, the lower court, based on the foregoing legal doctrine, determined a punishment by taking account of the circumstances favorable to the Defendant’s confession and reflection, the Defendant’s degree of assault, and the following: (a) 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 in addition to the circumstances indicated by the lower court; and (b) other circumstances that are the conditions for sentencing specified in the instant argument, such as the Defendant’s age, character and conduct, environment, motive for the commission of the crime, and the circumstances after the crime, etc., comprehensively considering all the following circumstances, the lower court’s punishment is too uneasible, and thus, cannot be deemed unfair to escape the reasonable scope of discretion.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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