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(영문) 광주지방법원 2019.06.13 2019노841
특수폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. Determination

A. 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). B.

The lower court, without any particular reason, determined the Defendant’s punishment by taking into account the following: (a) the Defendant’s use of force against the victim by alkinium camping nets; and (b) the Defendant did not agree with the victim.

C. Based on the legal principles as seen earlier, there is no change in the above sentencing conditions compared with the original judgment, and in addition, considering the factors revealed in the arguments in the instant case, including the Defendant’s age, character and conduct, motive of the crime, and circumstances after the crime, and the sentencing guidelines for the enactment of the Supreme Court’s Sentencing Committee (one year between imprisonment and four months), it is difficult for the lower court to have excessively exceeded the reasonable scope of discretion.

Therefore, Defendant’s assertion of unfair sentencing cannot be accepted.

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

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