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(영문) 울산지방법원 2020.09.24 2020노782
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A All appeals filed by the Defendants and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. The Defendant A’s sentence is too unreasonable.

B. The Prosecutor (as to all the defendants)’ sentence is too unhued and 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 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court appears to have determined the Defendants’ punishment by comprehensively taking account of the Defendants’ age, background and degree of participation in the crime, criminal records, and whether to recover from damage.

In full view of the circumstances revealed in the grounds for sentencing and all of the sentencing conditions shown in the arguments in this case, such as the Defendants’ character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, equity with accomplices, etc., the lower court’s sentencing is too heavy or it cannot be deemed that the lower court exceeded the reasonable scope of discretion.

3. Conclusion, Defendant A’s appeal and prosecutor’s appeal against the Defendants are all dismissed.

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