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(영문) 부산지방법원 2019.01.31 2018노4072
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The court below's punishment (one year of imprisonment and three years of probation, 80 hours of probation, violence therapy, 160 hours of community service order) against the accused against the summary of the grounds for appeal is too unreasonable.

2. 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, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court’s failure to do so. In full view of the factors revealed in the argument process of the instant case, the lower court’s sentencing is too unreasonable beyond the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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