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(영문) 부산지방법원 2019.02.19 2018노4607
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the accused (six months of imprisonment) 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, the Defendant’s de facto marriage spouse and work bonus, etc. submitted a written application to the Defendant seeking a preference against the Defendant at the trial court (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). However, this does not constitute a special change in circumstances that could change the sentence of the lower court, and there is no change in the sentencing conditions compared with the lower court’s judgment because new sentencing data have not been submitted. In full view of the sentencing reasons revealed in the proceedings

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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