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(영문) 부산지방법원 2020.04.21 2020노84
상해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of imprisonment (six months of imprisonment) is too unhued and unreasonable.

2. Determination

A. According to the records, the court below determined a punishment in consideration of various sentencing reasons, such as the fact that the defendant committed a crime without being well aware of even though he was in prison, the fact that he committed a crime without being agreed with the victim, the fact that he was punished for the same kind of crime, the fact that the mistake is divided and contradictory, and the fact that the judgment should be judged simultaneously with the crime of destroying and damaging property as stated in the judgment of the court below, and

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial at the original court, and considering the various reasons revealed in the oral proceedings, it does not seem that the sentencing of the lower court is too heavy or it goes beyond the reasonable scope of discretion due to the absence of any change in the conditions of sentencing.

C. Therefore, the argument of unfair sentencing is without merit.

3. As such, the appeal by the defendant and the prosecutor 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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