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(영문) 인천지방법원 2018.06.08 2018노359
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. In a case where there is no change in the terms and conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, in full view of the reasons for sentencing revealed in the pleadings of the instant case, including the following: (a) there is no particular change in the terms and conditions of sentencing compared to the lower court as the submission of new materials for sentencing in the trial on the basis of the foregoing legal doctrine; (b) there is no change in the agreement with the victim; and (c) there is no history that the Defendant has been punished for the same kind of crime; and (d) the lower court

It does not appear.

3. The appeal by the prosecutor of the 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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