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(영문) 대구지방법원 2020.11.27 2020노1443
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. In a case 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined the sentence against the Defendant by taking into account the various circumstances as indicated in its reasoning. In full view of the following circumstances, the lower court’s sentencing did not have any extraordinary circumstances or changes in circumstances, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other circumstances constituting the conditions for sentencing as indicated in the instant argument, including the circumstances after the crime, cannot be deemed as being too unreasonable to the extent that the sentence imposed by the lower court goes beyond the reasonable scope of discretion.

3. The prosecutor's appeal of conclusion 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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