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(영문) 전주지방법원 2019.06.26 2019노511
폭력행위등처벌에관한법률위반(공동폭행)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants is too unreasonable as the lower court’s punishment (the 6 months of imprisonment, the 2 years of suspended execution, the 180 hours of community service order, the 3 months of suspended execution, the 1 year of suspended execution, the 90 hours of community service order) is too unreasonable.

2. Determination

A. In light of the fact that the sentencing based on the statutory penalty is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the matters that are the conditions for sentencing under Article 51 of the Criminal Act based on the statutory penalty, and the fact that the sentencing of the first instance court does not change the conditions of sentencing compared with the first instance court, and that the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court and to refrain from imposing a sentence that does not differ from the first instance court’s opinion on

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

As to the instant case, there is no change in the sentencing conditions compared with the original judgment because new sentencing data have not been submitted in the health team and the trial court, and considering the factors revealed in the proceedings of the instant case including the Defendants’ age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, etc., the sentencing of the lower court seems to have exceeded the reasonable scope of discretion because the sentencing of the Defendants is too unreasonable, and thus, the Defendants’ assertion is without merit.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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