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(영문) 창원지방법원 2020.08.27 2020노951
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. 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 the sentencing of the first instance court as an appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Defendant committed the instant crime without being aware of the offender during the period of repeated crime.

The victims of the crime of injury did not recover from the victim, and did not receive any tolerance from the victim.

However, the degree of assault against the injured party and the police officer suffered is relatively minor.

The defendant received a letter from a victimized police officer.

In addition, comprehensively taking account of various conditions of sentencing, such as Defendant’s age, health status, environment, family relationship, circumstances after the crime, and consequences, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court cannot be deemed unfair because the sentence imposed by the Defendant goes beyond the reasonable scope of discretion.

The prosecutor's assertion of unfair sentencing is without merit.

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

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