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(영문) 대전지방법원 2020.12.23 2020노3487
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the background and method of each of the instant crimes, the relationship between the Defendant and the victims, and the circumstances after the commission of the crime are not good; and (b) the victims are still unable to receive a letter of suspicion.

2. In the current Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of direct determination, there exists an area unique to the first instance court regarding the determination of sentencing. Therefore, it is reasonable to respect the determination of sentencing in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court, based on its stated reasoning, determined the above punishment on the ground of the circumstances indicated in its reasoning. The reasons for the unfavorable sentencing asserted by the prosecutor are deemed to have been sufficiently taken into account when determining the punishment in the lower court. In addition, the lower court’s decision that the Defendant committed each of the crimes in this case, which had no criminal power, divided the wrong facts while taking the time of the crime in this case into consideration, including the Defendant’s age, character and character, environment, motive, means and consequence of the crime, and circumstances after the crime.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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