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(영문) 인천지방법원 2020.01.07 2019노1172
특수상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

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

2. Determination

A. The Defendant did not submit a statement of grounds for appeal within the lawful period for submission of the grounds for appeal, and the petition of appeal does not contain any grounds for appeal, and the lower judgment cannot be examined to find any grounds for ex officio investigation.

Therefore, the defendant's appeal shall be dismissed by a ruling under Article 361-4 (1) of the Criminal Procedure Act. However, the defendant's appeal shall also be dismissed by a judgment, as long as a judgment is rendered on the prosecutor'

B. If there is no change in the conditions of sentencing compared to the first instance court’s judgment on the prosecutor’s appeal, and the first instance court’s sentencing 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, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court, and in full view of the factors revealed in the instant argument, the lower court’s sentencing is too unfluent and so it does not seem to have exceeded the reasonable scope of discretion.

3. The appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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