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(영문) 제주지방법원 2021.03.25 2020노244
폭력행위등처벌에관한법률위반(공동상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the penalty (4 million won) imposed by the court below is too unfased.

2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant committed each of the instant crimes only two months after having been sentenced to imprisonment and was released from the court, and the Defendant did not receive a letter from the injured party.

There are two cases of punishment for violent crimes.

However, in full view of the following circumstances: (a) the Defendant recognized each of the instant offenses; (b) the Defendant appears to have paid 1.5 million won to the victim; and (c) the Defendant’s age, sexual conduct, environment, motive and method of committing the offense; (b) the means and method of committing the offense; and (c) the circumstances after committing the offense, the lower court’s judgment exceeded the reasonable bounds of discretion.

It does not appear.

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 on the grounds that the appeal is without merit. It is so decided as per Disposition.

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